Either Independence Day or the Fourth of July, it’s often celebrated with fireworks, friends, and barbecue. While you’re enjoying this weekend, you may find yourself discussing what makes the best barbecue: gas, charcoal, or wood; smoking or grilling; sauce and/or dry rub; sweet or spicy; and the like. (Are you hungry yet?)
Most people have their own idea of what’s necessary for the best barbecue. Combining ideas of what’s best is the recipe for a mouth-watering result or successful project. Differing ideas of what’s best often leads to a dispute. Resolving that dispute depends on what the recipe (the agreement or contract) required.
While barbecue recipes can be short and simple, contracts can be long and complicated. Fundamentally, though, recipes are very much like contracts: what’s required, how much of each part/ingredient, in what order should they be assembled/added, when, and for how long?
Recipe for a Successful Construction Project
- Purpose (end-user, goal, and/or need);
- One each: owner, designer, and contractor (pre-mix (design-build) or mix later (design-bid-build));
- Adequate Funding;
- Dash of Legal Advice; and
- A Fair Amount of Reasonableness.
How to Find (and Confirm) the Plain Meaning in a Contract
Contract formation confirms the parties understand and agree to all the essential terms. When that understanding and agreement fades, how do you […]
Navigating the Requirements for Claims against Virginia Public Entities
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Virginia General Contractors Not Protected from Pre-Work Claim Waivers
On March 2, 2018, the Governor approved an act of the Virginia General Assembly to make unenforceable pre-work waivers of lien rights […]
Adding Terms to a Government Contract without Saying So
Imagine an incredulous Contractor asking, “Show me in the Contract where it says I’m supposed to do X?” The Government Contracting Officer smugly answers, “even though the Contract doesn’t say so, you must do it anyway.” Is that even possible, when, how?
Differing Site Conditions: When the Part Does Not Equal the Whole
If all apples are fruit, then why are all fruit not apples?
Forum Selection Can Be a Home-Court Advantage
I promise that any disputes between us will be argued at your house. Time passes and a dispute begins to brew. Now, I want to argue at my house, not at yours. You pay costs to argue at my house that you wouldn’t have incurred had I done as agreed. Should I have to reimburse your costs?
No-Damage-for-Delay and Owner-Related Dispute Clauses are No Defense to Surety Liability Under Miller Act
Prime Government Contractors - you may need to update your interim payment waivers.
Contractual Fairness is Whatever the Parties’ Agreed
When you know a current action or inaction is wrong, but you do not object, should you be allowed to object later?
Which Comes First – Specifications or Drawings?
Sometimes it's not better to ask for forgiveness after-the-fact.










