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.
2026
APRIL
AWARD UPHELD IN W.VA. CAISSON DISPUTE
MARCH
LET THE CONTRACT LEAD
FEBRUARY
WHEN IS AN INVOICE REALLY AN INVOICE?
JANUARY
CLARIFYING PUNITIVE DAMAGES
South Dakota High Court Limits Recovery to Expectation Damages
2025
NOVEMBER/DECEMBER
WHEN APPROXIMATE MEANS ASSUMED RISK
A New York Court Shows How Performance Specifications Can Leave Contractors Holding the Bag
SEPTEMBER/OCTOBER
FROM ROMAN ARCHES TO AI
Can Construction Evolve Without Risk?
JULY/AUGUST
CAUGHT IN THE MIDDLE
Roads & Bridges | New Mexico Bridge Case Highlights the Importance of Written Agreements for Changes and Delay Compensation
JUNE
WAIT AND IT’S WAIVED
Roads & Bridges | Supreme Court Ruling on Arbitration Delay
APRIL
BIDDING BLUNDER
Court Defines When Contractors Can Withdraw Due to Mistakes
MARCH
MAXIMIZING DAMAGE RECOVERY
Tracking Costs, Avoiding Duplication in Liquidated and Actual Damage Claims
FEBRUARY
ROADWORK, DELAYS, AND DISPUTES
The Subcontract Case In Pecos County, Texas
JANUARY
UNDERSTANDING SOVEREIGN IMMUNITY
Public Contracts and Lessons from Recent Texas Cases
2024
NOVEMBER | DECEMBER
INDIANA COURT UPHOLDS BROAD ND4D CLAUSE
Ruling Precludes Subcontractor Claims for Delay and Acceleration Damages
OCTOBER
SOME CONDITIONS APPLY
The Scope of Insurance Policy Coverage and What the Terms Dictate
SEPTEMBER
CONTRACT TERMINATION
An Unpredictable Case Teaches Hard Lessons to Each Party Involved
JULY/AUGUST
GOOD FAITH AND FAIR DEALING
How Do You Prove a Party Has Failed to Act Based Upon an Ulterior Motive?
MAY/JUNE
NOT ANOTHER NOTICE STORY
This Defensive Argument Seems to be on the rise
APRIL
ALL ACCORDING TO PLAN
Exact measurements go a long way
MARCH
CONNECTING THE DOTS
Showing causation in contracting cases is critical
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
Contractor Wins when Government Reconsiders Accord
Ever had buyer’s remorse or second-guessed a decision? When the U.S. Army Corps of Engineers did that, a Contractor won its claim for time and money. On a flood control project near Nogales, Arizona, severe [...]
Claim Certified with Digital Signature Deemed OK
The law is not a trend-setter. It doesn’t readily change or adapt to tech. So, a commonplace practice in business became a dispute when a claimant digitally certified a claim under the Contract Disputes Act.
Acceptance and Intervening Cause Avoided Construction Warranty Claim
Like cars, computers, and appliances, construction projects include warranties too. Similarly, construction project warranties are limited to causes within the contractor’s control for damages to which the Government or owner has not contributed. To show [...]
Insurance Company Had No Duty to Defend Under Eight Corners Rule
To decide if an insurer has a duty to defend, a Virginia State or Federal Court may only look at the allegations in the complaint and the insurance policy to determine if a judgment against the insured will be covered by the policy.
Owner SOL When Mandatory Mediation Didn’t Toll Statute of Limitations
Contract interpretation strives to find the meaning of all parts together.
Government Must Review Claims in Good Faith, Not “Conjure Up” a “Baseless Retaliation”
A contracting officer’s review of certified claims submitted in good faith is not intended to be a negotiating game where the agency may deny meritorious claims to gain leverage over the contractor.
Termination for Convenience was OK to Get a Lower Price
When Massachusetts’ highest State court rejected Federal law on termination for convenience (T4C) a public entity’s “sole discretion . . . for any reason” ended a supplier’s contract. Is this too much governmental power or [...]
Pirates (Parties) Should Arbitrate Arbitrability
Yes, the word “pirates” is an anagram for “parties.” Participants in a lawsuit, arbitration, or mediation are collectively referred to as parties. Are they pirates too?