Construction Law & Litigation Blog
A RECENT APPELLATE DECISION THAT PURPORTS TO EXPLAIN THE MEANING OF “CARDINAL CHANGE” ACTUALLY ONCE AGAIN DEMONSTRATES THE IMPORTANCE OF NEGOTIATING A FAIR CONTRACT
Change order provisions, which appear in most construction contracts and contemplate changes being made to the work, contradict a fundamental premise of contract law. Specifically, in order for there to
IN MOST CASES, A CONTRACTOR THAT DOES NOT COMPLETE ITS WORK IS STILL ENTITLED TO SOME PAYMENT
When is a contractor entitled to payment for incomplete or defective work
Are Contractors and Subcontractors Allowed to Rob Peter to Pay Paul When it Comes to Paying Subcontractors and Suppliers?
One of the main problems most contractors (and subcontractors) face is cashflow. When the economy is going well, most contractors still find their payments lagging 60 to 90 days behind
NEGOTIATING A CONSTRUCTION CONTRACT CLAIM CAN FEEL LIKE LEGALIZED EXTORTION
Contractors often end up with monetary claims for nonpayment, changed conditions and/or additional work that are difficult to negotiate. Such claims are often met with counterclaims for defective work, and/or
UNDERSTANDING HOW THE COURTS WILL INTERPRET YOUR CONTRACT
A well drafted, written contract expresses the intent of the parties in clear language without any ambiguity.
HERE’S AN UPDATE ON THE EFFECT OF PRIOR RULINGS ON SUBSEQUENT LITIGATION
In a prior post, this blog explained how the Supreme Court held that an owner’s claims against subcontractors were barred because they were either brought or could have been brought
DON’T LET YOUR MECHANIC’S LIEN RIGHTS LAPSE DURING THE COVID-19 PANDEMIC
Because of the current crisis, the state has closed the courts to all activities except essential functions. Almost the entire civil docket has been suspended.
PROPOSED LEGISLATION IN NEED OF SUPPORT
In a previous post, I explained that the way Connecticut substitutes bonds for mechanic’s liens needs to be changed.
How to Successfully Deal with OSHA
At the outset, I want to stipulate that it is important to protect worker health and safety. At the end of the day, the most important thing is to have
When the Breach of a Construction Contract is not a Breach
The doctrine of substantial performance holds that a contractor’s breach of a construction contract does not entitle the owner to damages because the contractor’s performance was close enough to that