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.
Government Contract Claims: When Appeal is Rejection of Settlement
Without a reservation of rights, appealing a Contracting Officer’s Final Decision is a rejection of any offer of payment or settlement included therein. So, the contractor had only three options.
Linking Obligations
If you want to bind the subcontractor to the prime in every way the same as the prime is bound to the owner, then the incorporation clause of the subcontract should be: . . .
Termination of Government Contracts for Convenience (T4C)
Imagine you’re a Government Contractor under a firm, fixed-price contract and you’ve done nothing wrong. Nevertheless, the Government has decided to unilaterally end its contract with you. Yes, the Government can do this...
Government Contractors: Build a Snowman in August
As a Government Contractor, when have you agreed to perform a certain way, but later realized that another way is better for everybody? When the Government agrees, expressly or impliedly, to the alternative performance, it waives a credit for the unperformed work.
Construction Dispute Settlement: Dealing with Details
Reap the benefits of settling a construction dispute by doing these things.
E-mail Signature Not Enough to Certify a Claim
Construction project professionals routinely send e-mails with “signatures,” which typically include the sender’s typewritten name, title, contact information, and/or company logo. But, this sort of e-mail “signature” is not enough to certify a claim to the Government.
Government Contractors: Ask for a “Sum Certain” in Your Claim
If your Claim includes an item for damages with an amount “TBD,” you could lose the entire Claim.
Contractors: Be Aware When Contracting with Virginia Public Agencies
Without a valid contract, a Virginia public entity has no duty to to pay for any of your work.
Constructive Acceleration
Contractors know that time is money. So, the point is clear when expressly told to “Speed Up! Go Faster!”
But, what do you […]
