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.
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.
If you missed it, the Telecommunications Industry Association (TIA) TR 42 committee meetings were held in early June. It’s time to pay attention, since many of their decisions can affect the contractor, as you’ll see below.
To a non-lawyer, the language that lawyers use can seem confusing. Where else would “criminal conversation” mean having an extramarital affair? On top of its Latin roots, the words of law have been over layered with French and early English.
On almost every project, large or small, there will be minor stoppages of all or part of the work. Many of these predictable delays are not significant enough to support a delay claim. For example, you have to shift your crews one day to accommodate the mason.
The Spearin Doctrine, Christian Doctrine, False Claims Act, BCAs, FARs, Davis-Bacon. If you do not know all of these concepts, you should rethink bidding on a federal government project. One of my clients was awarded a subcontract on an Air Force job.
Cashing a check may be seen as accepting a settlement A recent Virginia case highlights the danger of cashing checks that contain notations of “final payment.” In Gelles & Sons v. J. Stack Inc., Gelles performed masonry work worth close to $100,000.
It used to be said that the definition of a “claim” was “an unresolved change order.” That concept has been expanded because of the sheer quantity of claims and litigation in construction. Now, most contracts seek to impose restrictions and limits on change orders and claims.