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 Musings. My latest post on contract necessities and pitfalls tried to point out a few basic highlights for you, as a construction contractor or subcontractor, to look for in reviewing your contracts (before getting the assistance of an experienced construction lawyer of course!).
A recent post by my friend, and fellow construction attorney, Matt Bouchard (@mattbouchardesq) points out that not only do you need certain terms in the contract, you need to have those terms clearly stated and well understood. In his post, Matt discusses a recent 4th Circuit Court of Appeals case relating to substantial completion and when such substantial completion occurs for purposes of the assessment of liquidated damages. The case, 2300 Pennsylvania Avenue, LLC v. Harkins Builders, Inc., is well and thoroughly discussed by Matt (and I recommend that you read his post and the case), so I won’t go through all of the facts of the case as outlined by Matt.
