MOMMY DEAREST | The story of an ESA without a MOM
Nobody enters this world, or a contract, without a mother: There can be no agreement without a Meeting of the Minds (MOM). Parties’ differing perceptions does not a contract make. MOM happens at congruent perceptions. Without a MOM, recovery of damages will be only enough to pay actual losses. Bar J Sand & Gravel, Inc. v. Fisher Sand & Gravel, Co., 310 F.Supp.3d 1215 (U.S. Dist. Ct., New Mexico, 2018). Continue reading at Roads & Bridges publication.
Are We There Yet?
Next time you close a deal, get the essential terms on paper and signed by all parties before it’s Miller Time.
Show Me the Money!
You told the guy to do the work, the work is done, and now it’s time for payment, right? But, you only told […]
Reasonable ≠ Ratio
“Circuit court litigation comes at a price, sometimes a heavy price.”
Words Matter
Remember the adage, “what you say today could bite you tomorrow.”
Recently, a Contractor won its argument before the Armed Services Board of […]
Run Through the Base, Not To the Base
Run Through the Base, Not To the Base
Thankfully, baseball season is back. While listening to a broadcast of my favorite team yesterday, […]
Having Your Cake and Eating It Too: Attorneys Fees Without a Contract Clause
How often have you wanted to take a dispute “to the mattresses” (think, The Godfather), but the cost was prohibitive? You have […]
Choose Your Own Venue: Where to File a Miller Act Lawsuit
Do you remember the Choose Your Own Adventure books? If you are a subcontractor on a federal project, where should you […]
Speak Now or Pay Later
This applies to general contractors, subcontractors, and suppliers. Each can be the party preparing and transmitting a form of purchase order or […]
General Contractors Waive Goodbye
General Contractors: When was the last time a private owner asked you to waive your lien rights before you did any work? […]
