A recent court case reminded all contractors, especially those working in the paving and asphalt industry, of the importance of conditioning bids and contract prices on a reasonable time to complete their work. A Tennessee appellate court held a paving contractor responsible for a bid it submitted to an owner almost a decade prior, despite […]
5 Things I Learned in 2015
While I have been practicing construction law for 33 years, I subscribe to the theory that One is never too old to learn.” Here is my personal list of lessons learned in 2015: 1. Lawyers Need To Spend More Time On Damages. On a traditional complicated construction claim it is not unusual to spend 90% […]
Five Killer Contract Clauses You Might Have Missed
Many of us have written articles on the most onerous (“Killer”) contract clauses encountered today, including “pay-if-paid,” “no lien” and other unfair provisions. But there has been much less focus on more obscure contract clauses that may not sound so bad – but can be crippling in their own right. Here are a few that […]
Arbitrator Subpoenas: Are They Worth The Paper They Are Printed On?
Construction lawyer Don Gregory presented alongside Houston attorney Bill Andrews at a recent American Arbitration Association (AAA) webinar, discussing the effectiveness of arbitrator subpoenas to third-party witnesses and related issues. The presenters offered an overview of AAA rules, arbitrator authority, court territorial restrictions, and permissibility of pre-hearing third-party discovery by subpoena. Additionally, the construction lawyers […]
Congress Reaches Deal on Highway Transportation Bill
On Tuesday, lawmakers in Washington, D.C., reached a long-awaited highway transportation bill that, if passed, would provide $281-$305 billion (sources list varying numbers) over the next five years to help remedy the nation’s aging and congested highways and transportation systems. A vote is expected by the end of this week, before the current authority for the […]