Defining the gray areas At its heart, unconscionability is equivalent to unscrupulous conduct, but this area of the law is generally uncharted waters. Can we come up with a helpful definition? In one case, a contractor garnered huge profits on a government job.
The threat of litigation on construction projects is real and constant. In the construction industry in general and electrical contracting in particular, litigation is always a possibility on every project.
A number of years ago, I hired a carpentry company to work on my house. At completion, the company’s president came over with his final invoice. I told him that the invoice was wrong. His crews had neglected to note extra trim I had ordered and extra work I had requested on some windows.
Contracts are drafted by committee. The group always includes an attorney who may or may not give practical considerations to the language drafted. That language, however, is of paramount importance to you. So what do you do when confronted with a book of terms and conditions? Ignore them?
At the recent Power Quality World Conference, I chaired a session on “Specifying and Purchasing PQ Equipment.” Afterward, I met one of the presenters from an electric utility who said he planned to bring his lawyer with him to the session the next day.
The terrorist acts of Sept. 11, 2001 created changes in our lives and businesses in ways in which most of us never dreamed possible. One of the most immediate changes in the way in which many do business was the passage of the Patriot Act. The U.S.A.
We all make mistakes. Often, there are no ramifications and the error in judgment can be resolved with an excuse or apology. In contract law, mistakes have a deeper meaning, and the results can be harsh. The law characterizes mistakes and places them into categories.
As was pointed out in last month’s column, when an electrical contractor expands to a new area of work such as school construction, a new set of parameters enters the estimating picture. Perusal of the specifications becomes a lesson in caution.
Safety violations on a construction site or multi-employer work site often present a dilemma regarding responsibility. Who pays? When it comes to the Occupational Safety and Health Administration (OSHA), the answer is everyone.
When considering the various financial institutions we personally deal with each day, such as banks and investment corporations, we immediately think of how much security is involved to protect the financial assets held in, or controlled by the institution.
This is the first of two parts about installing emergency, legally required and/or optional standby systems. This first part will cover the basics of the three systems and the second part will cover requirements for transfer equipment.
Construction companies often retain the services of consultants/experts to assist in preparing a claim or in presenting a dispute in court or arbitration. The range of services offered is extensive. Almost all bar journals and trade magazines carry advertisements for expert advice and testimony.
Construction contract law consists of a body of court decisions, regulations, statutes and of the contract itself, sometimes referred to as the law between the parties. This area of the law is complex and is constantly changing.
Whether to arbitrate is not normally a question. If your contract has a written arbitration clause, you must arbitrate. If not, you can pursue your claims in court. So, what do you need to know about the process? Congress passed the Federal Arbitration Act (FAA) in 1925.
A change in site conditions can be unusual and unexpected, and in some cases, even worse. In one instance, a contractor was hired to clean air-conditioning ducts in a military barracks. He found women’s underwear, beer cans and live ammunition in the ducts.