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 […]
construction contracts Archive

Colorado Medical Center’s Budget Dispute Causes Kiewit-Turner to Stop Project
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), […]

“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, […]
Forum-Selection Clauses After Atlantic Marine
In late 2014, the Supreme Court of the United States decided Atlantic Marine Constr. Co. v. United States Dist. Court, a case that will have important implications for construction attorneys and their clients. Eric Travers and Peter Berg provide an in-depth analysis of the decision. The article explains the significance of “forum selection clauses” and […]

Private Work: How to Secure a Fair Contract + Get Paid
Don Gregory explains the ins-and-outs of private construction contracting. Private work is in many respects different from working on a public project, and those differences can often mean everything. With “Killer Contract Clauses” and bid shopping as commonplace as they are, contractors, subcontractors, suppliers, and many other construction companies must be well-versed in the art of negotiating […]