Stuart Rosen | Construction Executive Lately, in view of the COVID-19 pandemic, there is a heightened concern that some construction projects will not proceed as planned. Therefore, it is important to review each party’s right to terminate a construction contract and to examine some of the resulting consequences. While the parties to a construction contract… Continue reading Termination of Construction Contracts
Tag: Construction Contract
Written Change Order Requirements In Construction Contracts May Be Waived
Bradley Pollina | Cole Schotz A frequent topic of dispute in litigation involving construction projects is whether a subcontractor is entitled to payment for work it performs outside its contractual scope of work—often referred to as “extra work” or “change order work”—without obtaining a signed written change order to perform the work. The same issue… Continue reading Written Change Order Requirements In Construction Contracts May Be Waived
How the Cumulative Impact Theory has been Defined
David Adelstein | Florida Construction Legal Updates Largely in the federal contract arena, there is a theory referred to as “cumulative impacts” used by a contractor to recover unforeseeable costs associated with a multitude of changes that have an overwhelming ripple effect on its efficiency, particularly efficiency dealing with its original, base contract work. In other words, by dealing… Continue reading How the Cumulative Impact Theory has been Defined
The Pandemic May Be in Its Ninth Month, But Your Construction Contract Should Still Address COVID-19 Head On
Andrew R. Schindler and Ari C. Shapiro | Gordon Rees Scully Mansukhani Every construction contract MUST address COVID-19. Period. Full Stop. The virus impacts construction projects in several ways, just as it affects our daily lives in a myriad of ways. Regulations at the local, state, and federal levels—including workplace restrictions and total shutdowns—COVID-related materials… Continue reading The Pandemic May Be in Its Ninth Month, But Your Construction Contract Should Still Address COVID-19 Head On
Non-compliance with Change Order Requirements Dooms Differing Site Conditions Claim
D. Bryan Thomas and Amandeep S. Kahlon | Buildsmart On November 6, 2020, the Kentucky Court of Appeals affirmed a trial court’s decision dismissing a contractor’s differing site conditions claim on a sewer replacement project. In TSI Construction, Inc. v. Louisville and Jefferson County Metropolitan Sewer District, the appellate court concluded that the contractor’s failure to comply… Continue reading Non-compliance with Change Order Requirements Dooms Differing Site Conditions Claim