Robert Quinn | Drew Eckl & Farnham A significant factor to consider when evaluating a case, in particular for purposes of settlement, is whether the opposing party intends to utilize expert witnesses. The inclusion or exclusion of opposing party’s expert witness in some instances may make or break a case. The lack of an expert… Continue reading Expert Witness: To Exclude, Or Not To Exclude, That Is The Question
Stanley A. Martin | Commonsense Construction Law An electrical contractor was supposed to run power cables through conduit, but elected on its own to run about 40% of the power cable with flexible metal-clad (MC) cable, without conduit. For a large portion of the project, Army Corps of Engineers inspectors made no comment about use… Continue reading Contractor Can’t Blame Inspector Who Failed to Note Non-Compliant Work
Lyndon F. Bittle | Carrington Coleman The Dallas Court of Appeals affirmed summary judgment for a general contractor, holding its subcontractor was bound by the contract price, even if the subcontractor underestimated the amount of work required to complete the project. Lancaster ISD hired Pogue Construction to build two elementary schools. Pogue subcontracted the excavation… Continue reading Underestimating Work Doesn’t Make Contract Ambiguous
Virginia Trunkes | Construction Law Zone COVID-19’s severe impact on some major metropolitan areas has been attributed to their density, infrastructure and inherent difficulty with “social distancing.” This same challenge with social distancing has led to either mandatory or pressured shutdowns of construction projects throughout many states and metropolitan areas. Meanwhile, and particularly during the… Continue reading Time to Reconsider Permitting Use of Drones for Development and Construction in Dense Urban Areas?
Garret Murai | California Construction Law Blog As we enter into the last week of April, many are wondering if the shelter in place orders issued by Bay Area counties (Alameda, Contra Costa, Marin, San Francisco, San Mateo, Santa Clara, Santa Cruz and Sonoma) and the City of Berkeley, many of which went into effect six weeks ago on March 16, 2020, will be… Continue reading What Will the Future Hold for the Construction Industry?