Monthly Column
Jon Straw, Partner at Kraftson Caudle, PLC, in McLean, Va., specializing in heavy highway and transportation construction law, is a monthly contributor to Roads & Bridges magazine. Jon has been writing the law section for the magazine since January of 2020.
2024
FEBRUARY
LIQUIDATED DAMAGES
Penalties and what is unenforceable
JANUARY
WARRANTY PROVISIONS
Contracts must be interpreted thoroughly to avoid absurd results
2023
NOVEMBER | DECEMBER
THE AGREED PRICE
This case stands as a warning about pay-if-paid clause
OCTOBER
CONFUSING WATERS
A Supreme Court ruling leaves room for ambiguity
SEPTEMBER
AUTHORITY DEFINED
The law of agency is important to understand
JULY/AUGUST
DEFINING LABOR
How the Miller Act continues to shape the industry
MAY
MEDIATION MELEE
An arbitration case can be costly
APRIL
WRITTEN NOTICE
Beware that strict compliance of the contract might be required
MARCH
MOMMY DEAREST
The story of an ESA without a MOM
FEBRUARY
RESHAPING AGREEMENTS
Oral agreements must be written in stone
JANUARY
WHERE DOES THE BUCK STOP?
A shallow concrete pour leads to an interesting lawsuit
2022
NOVEMBER | DECEMBER
KNOWLEDGE IS POWER
How a contractor sued the government and won
OCTOBER
DELAYS VS. ACCELERATION
Opposite sides of the same coin that can be mistakenly mixed
SEPTEMBER
THE PUBLIC’S INTEREST
When buying land for a new road or house, public information can be a powerful tool.
JULY/AUGUST
PAYMENT DUE
How every word–and day–count under prompt payment laws
MAY/JUNE
BROKEN PROMISES
Examine the duties within a contract
APRIL
MADE IN AMERICA
Infrastructure law broadens federal domestic preference policies
MARCH
THE RISK OF UNCERTAINTY
New infrastructure law broadens Federal Miller Act Protections
FEBRUARY
DEFINING SCOPE
Dispute over subcontractor’s obligations complicates roadway project
JANUARY
IT’S GOOD TO BE KING
Few exceptions found under the doctrine of sovereign immunity
2021
NOVEMBER/DECEMBER
NAVIGATING THE COVID-19 PANDEMIC AND OTHER UNFORESEEABLE EVENTS
This column published as “New Problems, Old Solutions” in November/December 2021 issue
SEPTEMBER/OCTOBER
TURNING TO THE CONTRACT FOR GUIDANCE CAN HELP SETTLE DISPUTES
This column published as “The Best Map” in October 2021 issue
JULY/AUGUST
PASS-THROUGH
Case in Maryland Asks If Suppliers Need a Go-Between to File Claims
MAY/JUNE
THE BETTER FORUM
When Public Policy Preempts Agreed-Upon Contract Terms, Does Certainty Suffer?
APRIL
AS THE SAYING GOES…Tax Withholding in Conn. Case Not It Initially Appeared to Be
FEBRUARY
ON RESPONSIBILITY | Court Weighs In On New Mexico DOT’s Employment of Prequalification System
JANUARY
TAKE NOTICE | Notice Procedures Should Mitigate Conflict and Aid Resolution
2020
NOVEMBER/DECEMBER
REMOTE LEARNING | Your Physical Location Could Matter When Entering a Contract
OCTOBER
FINGER-POINTING | A Case in Massachusetts Concerned a Flawed Design from the DOT
SEPTEMBER
On Misinterpretation | A case in Pennsylvania where the court got it wrong
JULY/AUGUST
MAY/JUNE
Can I Get Some Relief? How Contracts Can Reduce Risk in the Face of COVID-19 Related Delays
APRIL
Risky Business |On Apportioning Risk in Design-build Contraction
MARCH
Not Too Late After All | On a Case Where Traditional Statute of Limitations Did Not Apply
FEBRUARY
The Doctrine of Sovereign Immunity Can Aid Savvy Contractors, Too
JANUARY
Beginning with the February 2020 Roads & Bridges publication, Jon Straw will be authoring all future articles. You will be able to access Larry’s past articles under the resources tab.
Precedent Not Guaranteed | A Case in Utah Shows the Importance of Written Notice (by Larry Caudle)
Roads & Bridges | All According to Plan
ALL ACCORDING TO PLAN | Exact Measurements Go a Long Way In December 2013, a contractor agreed to replace four bridges for the Vermont Agency of Transportation (VTrans). Three bridges were completed on time. The [...]
Roads & Bridges | Connecting the Dots
CONNECTING THE DOTS | Showing Causation in Contracting Cases is Critical In this asphalt case, the prime contractor agreed to perform a $13 million road project for the South Dakota Department of Transportation on U.S. [...]
Roads & Bridges | Liquidated Damages
LIQUIDATED DAMAGES | Penalties and What is Unenforceable Liquidated damages typically flow from delays, but they are not always solidly enforced. In June 2017, a contractor agreed to construct a new park and elementary school [...]
Roads& Bridges | Warranty Provisions
WARRANTY PROVISIONS | Contracts must be interpreted thoroughly to avoid absurd results You are responsible for things within your control. Be careful if assuming responsibility without control. On a public works contract for a public [...]
Roads& Bridges | The Agreed Price
THE AGREED PRICE | This case stands as a warning about pay-if-paid clause History cannot be rewritten and a bad, but legal, bargain cannot (should not) be undone. Also in this story, a reminder to [...]
Roads& Bridges | Confusing Waters
CONFUSING WATERS | A Supreme Court ruling leaves room for ambiguity What happens when there may be a “significant nexus” between “adjacent” and/or “relatively permanent” “Waters of the United States” (WOTUS)? Answer: Confusion, uncertainty, ambiguity, [...]
Roads & Bridges | Authority Defined
AUTHORITY DEFINED | The Law of Agency is Important to Understand For any project, this Russian proverb is helpful: Doveryay, no proveryay – Trust, but verify. In other words, get it in writing. In the [...]
Jurisdiction is Power
Not bad power, but the ability of a decision-maker (e.g., court) to decide which side is right (or which is more correct). A judge’s power is not automatic. Every court must first decide if it [...]