NEW ORLEAN'S controversial emergency ordinance allowing owners of residential properties to waive city electrical inspections expired July 31, but three days later the city council voted to extend the measure until Dec. 31, 2006.
Two recent cases highlight the harm caused by “no damages for delay” clauses. Both are well-reasoned decisions from Maryland that survey the law from many states. As such, they are worth knowing, particularly because the uncompensated delays were outrageous.
There’s an old Lefty Frizzel song with the lyrics: “If you can’t keep your promises, please don’t make them, my dear.” Lefty probably did not know it, but that song sums up the Spearin Doctrine in construction contracts.
Written contract forms grow by mistakes. Contracting parties, particularly owners and architects, discover that some issue or dispute was not covered to their satisfaction. The next draft of the contract is supposed to take care of that perceived gap.
“The general contractor may at any time, without invalidating the contract, by written instructions, direct the subcontractor to make changes, additions or deletions to the work. Subcontractor shall promptly proceed with such instruction.
Civil litigation, whether involving personal injury or contracts, has one set of rules of “discovery.” Discovery means that the other side is permitted to find and (discover) all information you have concerning the disputes in the lawsuit.
This unfortunate circumstance occurs every day: A company, concerned about mounting claims and litigation against it, decides to get rid of its assets by conveying them to the company owners, shareholders and others.
In a typical old-time cowboy movie, there is always a scene where the bad guy says something like, “Give me the deed to your ranch or I'll shoot you.” Without question, the rancher's signature would be obtained by duress and the transaction would be void.
In last month’s column, we outlined the procedure for establishing a risk management plan, a checklist of ways to prevent employee-related losses and the conditions favorable for fraud to occur. Internal crimes tend to follow common patterns.
One droll definition of an expert is any person who lives at least 500 miles away. The Federal Rules of Evidence are a little more expansive. Rule 702 provides that an expert witness is: “a witness qualified as an expert by knowledge, skill, experience, training, or education ...
In 1997, U.S. Customs and Border Protection (CBP) began a nationwide program targeting electrical merchandise with counterfeit Underwriters Laboratories Inc. (UL) certification marks being imported from Asia.
We get so used to terms of art in our professions that we sometimes fail to understand that others do not subscribe to the same definitions. “Field engineering” is one example. Does that term simply mean field routing or does it also imply some degree of design effort?
“We’ve always done design-build. Everybody’s done it. A customer calls you up and says, ‘We want to do this.’ They are usually doing remodels. That’s how it starts. Now we do complete projects, out of the ground. It’s a lucrative, competitive priced method that is fair to all,” said Jeffrey L.