Contractors trapped on a troubled construction project should take note of a recent federal court decision, Kiewit -Turner v. Department of Veterans Affairs, CBCA No. 3450 (Dec. 9, 2014). In the decision, authored by the United States Civilian Board of Contract Appeals (a special court which hears claims brought against agencies of the federal government), […]
What the “Automatic Stay” Means to You
The automatic stay, set forth at 11 U.S.C. §362, is one of the most critical hurdles for creditors when their customers file for bankruptcy. The stay is generally immediately effective upon the filing of the debtor’s bankruptcy without the debtor taking any additional action. It prohibits, among other things: The commencement or continuation of a […]
“Type 1” vs. “Type 2” Differing Site Condition Claims: Distinction without Difference
We often hear people from all different backgrounds in the construction industry make the distinction between “Type 1” and “Type 2” differing site condition claims. We see the distinction made in conversations with clients, in drafting and negotiating construction contracts, and at trade association events and construction law related seminars. Indeed, in a recent count, […]
The Art of Negotiating Retainage
Eric Travers explains the art of negotiating retainage. While some may believe retainage is a necessary evil in the construction industry, Eric explains why retainage is not always necessary, and in some cases can be avoided, with some forethought and persistence. For far too long the construction industry has tolerated withholding retainage far in excess of current […]
Ten Commandments of Mediation
As more lawyers and clients are dealing with mediation on a regular basis, Don lists the “Ten Commandments” that might come in handy when dealing with a problem of biblical proportions. Read the commandments now