Originally posted 2015-01-12 09:00:08. Previously here at Musings, I discussed the application of pay if paid clauses and the Miller Act. The case that prompted the discussion was the Aarow Equipment & Services, Inc. v. Travelers Casualty and Surety Co. case in which the Eastern District of Virginia Federal Court determined that a “pay if […]
Always Get Your Change Orders in Writing
Originally posted 2013-07-04 10:00:14. I have discussed the necessity of following your well-drafted contract documents and obtaining written change orders on numerous occasions here at Construction Law Musings. Recently, the U. S. District Court for the Eastern District of Virginia in Richmond, VA gave a strong reminder regarding these two business practices for contractors. In Carolina […]
Construction Economy and Bids- A Liability Nightmare?
Originally posted 2010-09-03 09:00:28. Just recently ENR Magazine (one that I read regularly and highly recommend), published an article stating that contractors and subcontractors are bidding at or near cost in a race to get work. This aggressive bidding environment requires contractors and subcontractors to find work in a field with a present glut of […]
After a Bid, When Do You Really Have a Deal?
Originally posted 2013-09-16 10:53:15. Construction contracts are a big part of any contractor, subcontractor, supplier or construction attorney’s daily life. Therefore, it is key to know when you actually have a contract. Is it after your bid is accepted and used by the Owner or General Contractor? Is it only after the subcontract is signed? […]
Sometimes You Survive Without Written Change Orders (But I Wouldn’t Recommend It)
Originally posted 2011-10-10 09:00:52. As anyone who reads Construction Law Musings on even an irregular basis knows, I am a major advocate of getting everything (especially change orders) in writing. This is particularly true where your construction contract documents require written change orders. In other words, you should make your contracts say what you want […]