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.
If you’re involved with security systems (procurement, design or installation), this article looks at what market segments they may fall in and where you can go to learn more about the “standards” that apply to a product or its installation.
Building schools involves some unique parameters. The budget is often inflexible, the completion date and interim milestones are based on school semesters, and project management may be left to the architect, who has built-in conflicts regarding errors and omissions in the drawings.
In the many articles I have written about safety and health, I have unthinkingly referred to a number of documents, such as the Occupational Safety and Health (OSH) Act, Code of Federal Regulations (CFR), Interpretations, etc.
It’s a lie! It’s a fraud! These are fighting words, but they are too often spoken. In construction-contracting litigation, allegations of fraud, deceit and misrepresentation are also too often raised. Generally, the law does not micromanage business dealings.
Problems in the major category In a prior article, I discussed "punch list" issues. Normally, these are matters that concern minor touch up, repair and completion. So what happens when the problems are in the major category?