getting paid Archive

Appeals Court Finds For Contractor on Its Overhead Claim, But Not During Concurrent Delays

The First Appellate District of Ohio (Hamilton County) recently found for a contractor on its overhead claim against a public housing authority. In Jindal Builders & Restoration Corp. v. Cincinnati Metro. House Auth., 2020-Ohio-4043, the Court cited a number of cases that allowed a contractor to recover its indirect costs, and specifically home office overhead […]

Dealing with a Problem Project

”Any Construction Project Is a Problem In Progress” What separates successful owners, contractors and subcontractors from the unsuccessful ones is the ability to effectively manage those problems. Through the effective management of problems with good people, problems can be resolved without deteriorating into serious disputes, or if disputes occur, they can be more timely and […]

Does the AIA A201 Provide Monetary Relief in the Coronavirus Emergency?

The coronavirus has affected every aspect of construction projects. Additional health and safety efforts, lower productivity, disruptions to the supply chain, and labor absenteeism/shortages are all now commonplace. Contractors are wise to track these costs and any associated extraordinary efforts to mitigate the coronavirus. While most agree that the unforeseeable impacts of the current pandemic […]

Legal Risks + How To Avoid Them

On March 30, 2020, Don Gregory spoke with Doug Houser from Rea & Associates on their Unsuitable podcast. On his episode, Legal Risks And How To Avoid Them, Don provided some legal tips on how to avoid trouble. You can listen to the full podcast episode here.

Can you Recover Compensation for Coronavirus Delay?

While almost every factual situation and contract is different, generally speaking, a public health emergency like the coronavirus outbreak would trigger a “force majeure” clause, which typically entitles the contractor or subcontractor to a non-compensable time extension. The owner cannot recover liquidated damages and the contractor/subcontractor cannot recover delay damages in the event of late […]