WAIT AND IT’S WAIVED
Roads & Bridges | Supreme Court Ruling on Arbitration Delay
Don’t wait to arbitrate! Progressing too far down the litigation pathway can waive your right to arbitration. However, not filing a lawsuit may not toll or pause the statute of limitations in Federal Miller Act or State Little Miller Act scenarios. To preserve your rights, and your options, you may need to concurrently litigate and arbitrate. Considering the prevalence of arbitration clauses in construction contracts, the story in this case is worthwhile. CONTINUE READING…
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 […]
Roads & Bridges | From Roman Arches to AI
FROM ROMAN ARCHES TO AI
Can Construction Evolve Without Risk?
The construction industry blends old with new. From ancient Roman archways and aqueducts and […]
