Thanh Do and David Ojala | Forum on Construction Law Construction disputes do not always require an expert; however, an expert is typically sought if the dispute involves particularly technical or complex issues that a lay person (including counsel and triers of fact) cannot readily understand. When is the most appropriate time to call upon… Continue reading Rethinking the Role of Technical Experts in Pre-litigation Dispute Resolution
Month: June 2022
Slow As A Turtle? Florida Court Finds “No Damages for Delay” Clause Has Limits
Matthew DeVries | Best Practices Construction Law My commute home last night took longer than usual. It was not excessive traffic, an accident, or a stalled car. Rather, the cause of my delayed commute was a turtle: one single turtle crossing the road, holding up about 30 cars for what seemed like an eternity. (Never… Continue reading Slow As A Turtle? Florida Court Finds “No Damages for Delay” Clause Has Limits
Feeling Rejected? MA Court Construes for the First Time the Provisions of the Prompt Pay Act
Matthew DeVries | Best Practices Construction Law In life, rejection is often hard to swallow. In construction, that rejection can sometimes amount to millions of dollars. A Massachusetts court recently held that an owner’s rejection of the contractor’s payment applications was not properly certified and, thus, violated the state’s Prompt Pay Act. In Tocci Building Corp. v.… Continue reading Feeling Rejected? MA Court Construes for the First Time the Provisions of the Prompt Pay Act
Inflation: The Elephant in a Construction Dispute or Contract Negotiation
Mario R. Nichols | Stoel Rives Inflation is hitting the country hard. Consider this: $1 million in January 2020 has the same buying power as over $1.7 million today, according to the Consumer Price Index inflation calculator. How much weaker the dollar will get is anyone’s guess. As the economy—the construction market in particular—continues to experience… Continue reading Inflation: The Elephant in a Construction Dispute or Contract Negotiation
What is a “Force Majeure” Clause? Do I Need one in my Contract? Three Options For Contractors, Subcontractors and Suppliers to Consider
William L. Porter | Porter Law Group In the world of the building and construction industry, the general rules of contracting are fairly simple. A supplier agrees to supply equipment or materials for a specific price and within a certain time frame, does so, and is paid an agreed sum. Likewise, contractors and subcontractors agree… Continue reading What is a “Force Majeure” Clause? Do I Need one in my Contract? Three Options For Contractors, Subcontractors and Suppliers to Consider