Job meeting minutes are frequently prepared by architects or owner’s representatives and distributed to contractors and subcontractors who dutifully accept them without much input or involvement. Occasionally, the minutes will specifically provide that if there is no objection made within a short amount of time after distribution, all recipients will be presumed to be in […]
condition precedent Archive
Performing Change Order Work? Know Your “Conditions Precedent” to Getting Paid
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 […]
State Must Give Notice to Recover
In N.L. Constr. Corp. v. Ohio Dep’t of Admin. Servs., Ct. Cl. No. 2011-08318, Aug. 30, 2012, the Court of Claims of Ohio rejected the state’s argument that it did not need to provide a 72-hour notice to a contractor before the state terminated its general trades contract. Don Gregory explains that contractual and statutory […]