A recent article by my pal, and occasional guest poster, Craig Martin (@craigmartin_jd) asks the question: “Does a General Contractor Have to Tell a Subcontractor that its Bid is Too Low?” In his great post on a recent Nebraska decision concludes that the answer is no, so long as the subcontractor had all of the […]
Construction Claims- Who Do You Sue?
So, here you are, a general contractor, subcontractor or supplier and you haven’t been paid. You know you should be paid and are at the end of your rope after what seem like hundreds of demands by phone and e-mail. You’re ready to file a claim and try and get paid. Simple enough, right? Not […]
Sometimes Fraud and Construction Contracts Mix
As I have discussed at Musings on several occasions, the general rule in Virginia is that fraud and construction contracts do not mix. In other words, most of the time, even where a contractor clearly misrepresents the work performed, an owner can only recover in contract, and not for fraud with its potential for punitive […]
Clarity of Contract is Another Key to a Smooth Project
Whew! After a whirlwind two weeks of travel (some by a long bus ride with a great group of kids, including my daughter), I’m back and far enough above water to get back to posting. Thanks for your patience during a bit of a lull. Recently I have been on an “advisory” kick here at […]
We Need Strategic Thinking in Construction Procurement
For this week’s Guest Post Friday here at Musings, we welcome back Harold (Hal) Good, CPPO. Hal served as Director of Procurement and Contracting for the city of Palm Springs, California and Palm Springs International Airport for twenty-one years. He has also held procurement and contracting related Positions at New York University Medical Center and […]