contractors Archive

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 […]

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), […]

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, […]

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 […]

Don Gregory and Michael Madigan explain one of the important mechanisms to getting paid in the construction industry: bond claims. Bond claimants must follow specific and sometimes burdensome procedures to protect their right to be paid. At the same time, general contractors and owners must be able to successfully defend and negotiate bond claims on a […]