WRITTEN NOTICE | Beware that strict compliance of the contract might be required.
When an owner replaced a contractor for significant safety violations, the owner sought to recover the costs for a replacement from the original contractor. A Texas jury found that the owner and the terminated contractor each breached the contract. Both sides were awarded damages and attorney’s fees. Continue reading at Roads & Bridges.
Roads & Bridges | When Defective Concrete Isn’t Covered
WHEN DEFECTIVE CONCRETE ISN’T COVERED
A California bridge case highlights the distinction between replacing defective work and repairing property damage caused by that […]
Roads & Bridges | Life, Liberty and Contract Claims
LIFE, LIBERTY AND CONTRACT CLAIMS
The Declaration of Independence Doubles as a Familiar Lesson in Construction Contracts
Look to the Declaration of Independence for […]
Jonathan Straw: Editor
CLOSING THE LOOPHOLE: ARIZONA ADDS PROMPT PAY PROTECTIONS TO REVITALIZATION DISTRICTS
Arizona contractors operating in public and quasi-public sectors sometimes rely on Prompt […]
Roads & Bridges | What Counts as a Contract Document
WHAT COUNTS AS A CONTRACT DOCUMENT
A recent decision clarifies how attachments and background reports can fall outside the contract
A DOCUMENT for informational […]
Roads & Bridges | Award Upheld in W. Va. Caisson Dispute
AWARD UPHELD IN W.VA. CAISSON DISPUTE
Federal court reinforces high bar for overturning arbitration
In 2018, the West Virginia Department of Highways (DOH) awarded […]
Roads & Bridges | Let the Contract Lead
LET THE CONTRACT LEAD
Documents offer guidance needed to manage risk without derailing projects
Construction is an industry of managed risk. Whether the prices […]
Roads & Bridges | When is an Invoice Really an Invoice?
WHEN IS AN INVOICE REALLY AN INVOICE?
All court decisions are opinions. Appellate court decisions are typically made by a panel of three […]
Roads & Bridges | Clarifying Punitive Damages
CLARIFYING PUNITIVE DAMAGES
In June 2021, the South Dakota Department of Transportation contracted for the demolition and construction of a bridge on State […]
Roads & Bridges | When Approximate Means Assumed Risk
WHEN APPROXIMATE MEANS ASSUMED RISK
A New York Court Shows How Performance Specifications Can Leave Contractors Holding the Bag
Sometimes when we are told […]
