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ANTICIPATORY REPUDIATION OF A CONTRACT — THE PROSPECTIVE BREACH

Posted on 12 June, 2021
There are instances where a party can engage in the anticipatory repudiation of their obligations under a contract.  In essence, this is basically a party prospectively breaching the contract by repudiating their obligations in the contract.

A prospective breach of contract occurs where there is absolute repudiation by one of...

TERMINATING CONTRACTS FOR CONVENIENCE — “JUST BECAUSE”

Posted on 5 June, 2021
Termination for convenience provisions are important provisions to include in construction contracts.  These are provisions that allow a party to terminate the contract for ANY REASON.  No cause is needed to exercise the termination for convenience provision.  In other words, the terminating party does not have to demonstrate the other...

DOES A SUB NEED TO USE AN EXPERT OR PRESENT CPM ANALYSIS TO SUPPORT A DELAY CLAIM?

Posted on 29 May, 2021
Does a subcontractor need to prove its delay claim (including its lost productivity claim) with expert testimony or a CPM analysis?  A federal decision out of the District Court of Maryland proposes that maybe a subcontractor does not need to go this route. See Baker DC, LLC v. Baggette...

DRAFTING OR NEGOTIATING A SUBCONTRACT–QUESTIONS TO CONSIDER

Posted on 22 May, 2021
When it comes to drafting and negotiating a subcontract, there are provisions that should be important to you from a risk assessment standpoint.   From the subcontractor’s standpoint, below are questions you should ask, or issues you should consider, as you go through the subcontract.  These are the same questions and...

COURTS WILL NOT REWRITE YOUR POST-LOSS PROPERTY INSURANCE OBLIGATIONS

Posted on 16 May, 2021
In the preceding posting, I wrote about making sure you comply with your property insurance policy's post-loss policy obligations.  By failing to comply, you can render your policy ineffective meaning you are forfeiting otherwise valid insurance coverage, which was the situation discussed in the preceding posting....
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