One of the many contract clauses we see on a daily basis in the construction industry is what some might call the “change order” provision. That provision requires a contractor, before the contractor performs work outside its original scope, to seek prior written approval from the owner. These “change order” provisions are seen across the […]

Asserting Your Claim in Bankruptcy
As a creditor, you have the ability to assert certain claims within your customer’s bankruptcy case. One easy way to do that if the case is an asset case is to file a proof of claim. The claim will set forth amounts due from the debtor to you and the grounds from which this amount […]

How to Build a Large School Early + Under Budget
School administrators are often frustrated by cost overruns and delays on much needed capital improvement projects in recent years. Yet many of those same administrators and their counsel continue to employ the same techniques and methodologies that have failed in the past. Our firm had the opportunity to serve as counsel on probably the largest […]

Doing Business in California? Take Note of Changes to Nation’s Most-Stringent Toxicity Regulations
Recent proposed changes to California’s Proposition 65, “The Safe Drinking Water and Toxic Enforcement Act of 1986,” have businesses and trade associations in a state of agitation—if not alarm—as some of the nation’s most stringent toxic substances regulations could become even stricter. Thirty years after the initiative was first adopted, the administrative body charged with […]

Cost Controls + Alternatives to Litigation
When faced with litigation, whether pursuing a contractor or owner that failed to pay you, or whether you are being pursued for payment, there are many options available which may help reduce time, expenses and delays associated with traditional litigation. Here are four to consider: 1. Mediation Mediation is a non-binding settlement negotiation conduced with […]