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Recent Posts

MILLER ACT CLAIM FOR UNSIGNED CHANGE ORDERS

Posted on 25 June, 2016
Contracts and subcontracts often contain language that requires change orders to be in writing and that no change order work shall be performed unless agreed to in advance in a signed change order.  Oftentimes change order work is performed but the parties have...

QUICK NOTE: PERFECTING & PRESERVING CONSTRUCTION LIEN & PAYMENT BOND RIGHTS

Posted on 20 June, 2016
You are a subcontractor, sub-subcontractor, or supplier on a construction project.  What steps can you take to maximize your ability to collect payment?      
  1. Read this chart to understand what steps you need to undertake to preserve and perfect construction...

LIQUIDATED DAMAGES IN CONSTRUCTION CONTRACTS – WHO BEARS THE BURDEN?

Posted on 18 June, 2016
Liquidated damages are in many, many construction contracts.   They are designed to capture an owner’s damages if a project, or portion thereof, is not substantially completed by an agreed date.  The liquidated damages provision contemplates that the...

OBTAINING TEMPORARY INJUNCTION TO ENFORCE NON-COMPETE AGREEMENT

Posted on 1 June, 2016
When a party breaches a non-compete agreement (with a non-solicitation clause), the non-breaching party typically moves for a temporary injunction.   The breaching party is the party that signed the non-compete agreement, such as...

PROVING & DEFENDING LOST PROFIT DAMAGES

Posted on 27 May, 2016
I have written numerous articles regarding the challenge in proving lost profit damages.  Yes, lost profits are a form of damages in business disputes, but they are a form of damages that...