Legal Word of the Day: Contemporaneous

Executive summary. In a construction matter, the quality of evidence can be as important as the evidence itself. Using contemporaneous information can be invaluable in your legal matter against an opposing party. What is this word, contemporaneous? In layman’s terms it means recording information as it happens. A note recorded […]

Spearin and Modified Total Cost Method Adopted in Missouri

One of contractors’ most reliable defenses, the Spearin Doctrine, has been upheld in a Missouri Court. Certainly, for Missourians, this is a good thing, and to the extent, others may be able to reference this case or use a similar approach in claims, is a win for the construction industry.

An RFI can Satisfy Notice Requirement, said the Feds

Download PDF Executive Summary: Possibly the leading cause of contractor claim denials – lack of proper notice – just got a little bit easier for contractors thanks to the U.S. Armed Services Board of Contract Appeals’ conclusion that a request for information (RFI) can satisfy a notice requirement under F.A.R. (Federal […]

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 […]

Dead is the Handshake

Executive Summary: The “Steel Team” composed of fabricator and erector joined together to sue the owner and general contractor for failure to pay on changes. The “right” parties appeared to win, but they paid dearly. The Project and Players. The project was the Ascent at Roebling’s Bridge – a 21-floor, […]

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 […]