Well, it’s been a while since my last post here at Musings due to travel, work, Thanksgiving, etc. so I thought I’d let a recent case remind us all that while breaching a construction contract is bad, doing it first is even worse. This is the so called “doctrine of first breach” that basically states […]
Happy Thanksgiving from Construction Law Musings
It is that time of year again when I find it appropriate to reflect on the great things in my life. As I sit here with my family on Thanksgiving Day 2025, I have much to be thankful for. I have a thriving construction law practice, great clients, wonderful friends, and of course, the best, […]
Flow Down! What Flow Down?!?!
Originally posted 2013-08-26 09:10:19. Thank goodness for my pal and fellow blogger, Craig Martin (@craigmartin_jd). Whenever I hit a bout of writer’s block, he comes through with a great idea for a post that I am more than ready to play off of here at Construction Law Musings. This time his post is on that […]
Incorporation May Not Be a Shield if You’re not Careful
Originally posted 2012-04-24 17:00:18. On at least one occasion here at Construction Law Musings, I have discussed the need to operate your business as a corporation or LLC. The primary reason that I, as a construction attorney, recommend this is for the liability protection against attacks on your personal assets. Proper use of incorporation can […]
Terms of Your Teaming Agreement Matter
Originally posted 2019-01-07 09:00:13. These days in construction, and other pursuits, teaming agreements have become a great method for large and small contractors to work together to take advantage of various contract and job requirements from minority participation to veteran ownership. With the proliferation of these agreements, parties must be careful in how they draft […]