- March 28, 2021
I have often heard many people say that they did not have a contract and/or change order when they actually meant that they did not [...]
- February 16, 2021
Change order provisions, which appear in most construction contracts and contemplate changes being made to the work, contradict a fundamental premise of contract law. Specifically, [...]
- January 24, 2021
In determining the amount to which a contractor is entitled when a project is not completed, the analysis is often based upon the owner’s alleged [...]
- September 27, 2020
One of the main problems most contractors (and subcontractors) face is cashflow. When the economy is going well, most contractors still find their payments lagging [...]
- September 8, 2020
Contractors often end up with monetary claims for nonpayment, changed conditions and/or additional work that are difficult to negotiate. Such claims are often met with [...]
- July 26, 2020
A well drafted, written contract expresses the intent of the parties in clear language without any ambiguity. For that reason, when a court interprets a [...]
- April 26, 2020
In a prior post, this blog explained how the Supreme Court held that an owner’s claims against subcontractors were barred because they were either brought [...]
- April 7, 2019
At the outset, I want to stipulate that it is important to protect worker health and safety. At the end of the day, the most [...]
- February 10, 2019
The doctrine of substantial performance holds that a contractor’s breach of a construction contract does not entitle the owner to damages because the contractor’s performance [...]