Search Results for: lawyer

A Cheap Lawyer

Download PDF Executive Summary: Construction projects are becoming more and more litigious. The cost of outside counsel is practically its own line item in a contractor’s estimate these days. Hiring a junior attorney today for pennies may later save you dollars. The problem. I was listening in on a webinar […]

Trained or Untrained? Being Claim-Ready

Executive Summary Contractors that deal with tough projects, tough clients, and/or tough contracts need to be in a mindset of always being claim-ready. Here’s the start to being trained and claim-ready. When you say “claim”-ready, you mean? A “claim” in this context is really meant to mean impact, or change […]

Delay Letter: A Template & How to Write One

Executive Summary As a contractor, the notification of delay is critical. Here are the important ingredients to a delay letter. Why do I need one? Say you’re on a project and you are losing time – you are delayed. If it’s your fault, you better catch up. If it’s someone […]

Incidental: What’s in a Word?

Executive Summary The word “incidental” is common to the construction industry and it can be damning if you’re not careful. Understand what you’re committing to when you enter that unit price in the bid proposal when it requires “all incidental costs be included”. What is this word, incidental? Incidental, included, […]

Bid Day: You Better Honor Your Bid, Mr. Subcontractor

Executive Summary As a general contractor you can rely on your subcontractor’s bid on bid day as a binding agreement. But not in all states. Read on to learn about protection granted by the Doctrine of Promissory Estoppel.  Call Your Attorney  I’m not a lawyer, and I don’t know what […]

Shhh, You’re being Recorded – and Two Other Tips

Executive Summary Just three random important things for contractors that didn’t make up an article all on their own: the legality of audio recording, running one man short, the golden rule of bid forms. What’s this article about? It’s about being a smart contractor in the easiest of ways. Learn […]

The #1 Driver of a Construction Claim

Executive Summary A construction claim is a dispute in the Work as it was contemplated in the original construction documents. However, a large percentage of what drives a claim is not the Contract. It’s the people. It’s personalities. The Spark Losing money. That’s what drives contractors to spar with an […]

Construction Law Bible

Executive Summary If you work for a public works construction contractor or you do construction management on public works jobs, Administration of Government Contracts by John Cibinic, Jr. and Ralph C. Nash, Jr. is the bible for governmental law. A very brief background from a construction professional, not a lawyer, is […]

Why be an Engineer: It’s the Mornings

Executive Summary:  A recent article by the American Bar Association caught my eye. It was entitled “When is it okay for a lawyer to lie?” I could probably end the article right here.  I’ll keep going. [QR] Contemplating a law career.  Yup, I get it, you know someone who watched television like the rest […]

Contract favors the non-drafting party

If you get into a contract dispute, and you did not draft the contract agreement, know that the rule of contra proferentem adopts the interpretation that favors the non-drafting party (Administration of Government Contracts written by John Cibinic, Jr. and Ralph C. Nash, Jr.). This basically states that if something […]

Construction Contract Review Basics

Executive Summary:  Each day we hand contracts down to our subs or we are signing contracts down from Owners or General Contractors.  Know some of the basics of what to look for here. What is and when will I ever use a Contract?  A contract is a laying out of […]

Changes in the 2017 AIA A201/A101/A401 Documents

Executive Summary: Probably the most common construction contract documents in use in America are the AIA (American Institute of Architects) documents. The A101/A201 for Owner-General Contractor and the A401 for General Contractor-Subcontractor were both reissued in 2017. See some of the substantive changes here. What are the changes? I recently […]

An Alternative to Eichleay: HOOP!

Executive Summary Contractors delayed by the owner often want to be reimbursed ‘x’ dollars per ‘y’ days for the cost of home office overhead. Most contractors are used to using the Eichleay Formula to recoup this cost. There’s a new formula available from a case in Ohio: the HOOP Formula. […]

Getting Paid: Some Suggestions

Executive Summary The law* provides the rules of getting paid in construction. Sometimes contractors must use the law, other times there are other easier (less expensive and quicker) ways of getting paid. *I’m not a lawyer, so please make sure to consult with your attorney on any of your legal […]

Make Claim Preparedness the Standard, not the Exception

Executive Summary: More and more construction jobs year after year go to litigation – or at least go “legal” as I say, by requiring the services of a lawyer. Don’t make preparing for a claim a monstrous duty towards the end of the job, prepare as you go with good […]

Notice – When in doubt, write it out!

Executive Summary: Looking at a recent case in the state of Washington, a contractor attempted to be compensated for additional cost resulting from the project engineer’s direction to perform work different from the contractor’s desired sequence. The Court ruled against the contractor because of his failure to provide notification in […]

Owner Paralysis – i.e. Vapor Lock

Executive Summary: When a tragic event happens, even the roughest and tumble executives can suffer from decisional paralysis. I don’t mean physical paralysis in your body, I mean the inability to make a decision. You’re not alone. Who you are. You are the father of two beautiful little girls, the […]

Litigation Support

The construction industry is litigious. Many disputes cannot be settled at the job level, and many of them result in being settled in a legal arena of some sort. Whether it is mediation, arbitration, or in a courtroom, SJ Construction Consulting, LLC has the legal experience and the needed written and […]