Bret Wacker – June 13, 2013 Most experienced federal prime contractors are familiar with, or at least aware of, the Christian Doctrine. Based on G.L. Christian & Assoc. v. U.S., 312 F.2d 418, 424 (Ct. Cl. 1963), the Doctrine stands for the proposition that a clause, although not explicitly included in a government prime contract,… Continue reading Construction Law Update – Subcontractors Beware
Prompt Pay Means Prompt Pay
Stan Martin – June 18, 2013 A contractor sends an inflated invoice to an owner for a completed project. The owner fails to pay anything against that invoice – even the amount that had been agreed to. The contractor eventually files suit, the court awards interest plus penalties of 1% per month on the unpaid… Continue reading Prompt Pay Means Prompt Pay
SB 254A and Oregon’s CMGC Rules Are Overblown
Eric A. Grasberger – June 13, 2013 Oregon Senate Bill 254A and the CMGC method generally garner more attention than is justified. Here is the background. On a typical non-CMGC project, the general contractor will bid on a complete or nearly complete set of design documents. This is referred to as “design-bid-build.” In public construction, competitive bidding is… Continue reading SB 254A and Oregon’s CMGC Rules Are Overblown
BINGO Word of the Day – June 28th
The current game is now: T’s BINGO – make a “T” either right side up, upside down or sideways. Today’s Useless Fact: If you disassembled the Great Pyramid of Cheops, you would get enough stones to encircle the earth with a brick wall twenty inches high. Here is today’s word: PETER CLARK… Continue reading BINGO Word of the Day – June 28th
New Case Affirms Broad Duty to Defend in Construction Defect Case Where Damage Dates Unclear
John Green – June 12, 2013 A new case from Oregon deals with a recurring problem in construction defect litigation—the absence of clear dates in the complaint regarding when damage is alleged to have occurred. Frequently, a plaintiff will allege that defects in a construction project have caused property damage to other elements of the… Continue reading New Case Affirms Broad Duty to Defend in Construction Defect Case Where Damage Dates Unclear