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.
2023
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)
Jonathan J. Straw
Blog Author
Contact Jonathan
Partner | KraftsonCaudle.com
Download Jon’s Bio
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 [...]
Roads & Bridges | Defining Labor
DEFINING LABOR | How the Miller Act continues to shape the industry In the late 1700s, risks of nonpayment caused a shortage of construction workers, particularly in Washington, D.C. In 1791, Thomas Jefferson proposed a [...]
Roads & Bridges | Mediation Melee
MEDIATION MELEE| An arbitration case can be costly Arbitration can be a bridge over troubled waters. In this crossing, the parties argued over a $90,000 damages award plus a $1.3 million award of attorney’s fees [...]
Roads & Bridges | Written Notice
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 [...]
Roads & Bridges | Mommie Dearest
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 [...]
IIJA | Does Closing a “Giant Loophole” Cost Contractors?
A recent article published by Roads and Bridges magazine reports that the Office of Management and Budget is working to broaden the scope of the Buy America and Buy American Acts. Some of these efforts were intended by [...]
Roads & Bridges | Buy American Plan Gets an Update
BUY AMERICAN PLAN GETS AN UPDATE The Office of Management and Budget is developing standards to replace the current Buy American Act standards. Continue reading at Roads & Bridges publication.