subcontractors Archive

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 […]

Coronavirus + Excusable Delay

While the full extent of the looming potential pandemic of the Coronavirus remains unknown, the real or imagined impacts are now being experienced in the economy, as restrictions on travel, voluntary shutdowns and other business restraints mount. So if these restrictions result in construction delays associated with labor shortages, material delays, health department shutdowns or […]

Simple Ways to Improve Your Progress Meeting Minutes

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 […]

Easy Steps to Improve your Daily Reports

Almost all contractors fill out daily reports, but few do it well. Too often they are simply a notation of weather and manpower, rather than a true barometer of project progress and impacts. Frequently there are no delays or problems identified as many supervisors writing the reports are more focused on “running the work” than […]

It’s Miller Time! Miller Act Trumps Subcontract Clauses

As unpaid subcontractors and suppliers cannot lien federal projects, the Miller Act was adopted to ensure payment bonds would guarantee payment of those providing labor or material to federal jobs. Contractors and their bonding companies have argued that “pay if paid” clauses or “no damage for delay” clauses in subcontracts can be utilized to insulate […]