My how the summer has flown by! My two older kids are back at their respective colleges, my oldest in her last year before heading out into the “real world,” and my youngest starts her junior year of high school tomorrow. The family time that the kids’ summer break allows always goes by way to […]
Be Careful When Walking Off of a Construction Project
Originally posted 2017-08-10 10:29:18. I am truly grateful that my buddy Craig Martin (@craigmartin_jd) continues his great posts over at The Construction Contractor Advisor blog. He is always a good cure for writer’s block and once again this week he gave me some inspiration. In his most recent post, Craig discusses a recent Indiana case […]
A Teaming Agreement is Still a Contract (or, Be Careful with Agreements to Agree)
I have discussed teaming agreements in this past here at Construction Law Musings. These agreements are most typically where one of two entities meets a contracting requirement but may not have the capacity to fulfill a contract on its own so brings in another entity to assist. However, these agreements are contracts and are treated […]
Form Contracts are Great, but. . .
Originally posted 2011-06-24 09:26:58. Recently I was discussing the ConsensusDOCs with a colleague and friend and had a revelation. These forms are used often (though somewhat less than their AIA counterparts and less than they should be used). Quick disclaimer: I have been a part of a couple of drafting committees for ConsensusDOCs and am […]
Miller Act Bond Claims Subject to “Pay If Paid”. . . Sometimes
Originally posted 2014-07-09 09:44:02. The Federal Miller Act is a great tool that subcontractors and suppliers on Federal projects can use for collection of wrongfully withheld amounts due. However, as a recent federal case from the Eastern District of Virginia points out, the construction contract’s terms affect when a subcontractor or supplier can use this […]