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Category Archives: Contractors
“You Knew What I Meant” Not a Defense
Some years ago, the television series “Ed”, began with the titular character losing his job at a Wall Street law firm. The firm fired Ed after it suffered a multi-million dollar malpractice liability, supposedly caused by his misplacing a comma … Continue reading
Posted in Business Law, Commercial Law, Contractors, Personal Representation
Construction Dispute Resolution
There are several ways that construction disputes can be resolved: Refereeing by the architect as the project proceeds; Negotiations and compromise; Law suits in the court system; Mediation; and Arbitration. In this section, we will discuss the pros and cons … Continue reading
Posted in Business Law, Construction Disputes, Contractors, Trials
Construction Litigation Avoidance: Part 3 (After the Job and If Litigation is Necessary)
After the Job Once substantial completion is achieved, and the punch lists are in the works, there are still opportunities to keep disputes within a narrow range where resolution without resort to lawyers is achievable. A. Make sure you get … Continue reading
Posted in Construction Disputes, Contract Disputes, Contractors
Construction Litigation Avoidance: Part 2 (During the Job)
To state the obvious, the best way to stay out of disputes is to attend diligently to your work, meet the schedule, assure quality performance, and keep all lines of communication open. But there are a handful of key areas … Continue reading
Posted in Construction Disputes, Contract Disputes, Contractors
Construction Litigation Avoidance: Part 1 (Before the Job)
Introduction Only two types of people enjoy litigation: lawyers, and (other) crazy people. Litigation is time-consuming, extraordinarily expensive, and often has other negative effects like causing delay in payment or destroying business relationships. With that being said, in the construction … Continue reading
Posted in Construction Disputes, Contractors
Contractors vs. Employees: It’s Not Just A Title
With the down economy, many companies have eliminated jobs and turned to independent contractors to trim costs. However, it is not up to the business or the worker to decide who is a contractor and who is an employee. The … Continue reading
Posted in Business Law, Commercial Law, Contractors
“Pay when Paid” Clauses Not Absolute
The bane of the commercial subcontractor’s accounts receivable is the “pay when paid” clause — once an inventive addition to a few general contractors’ forms, now the norm in form subcontracts offered on major projects. The “pay when paid” clause … Continue reading
Posted in Commercial Law, Contractors
How Binding is a Contractor’s Bid?
Contrary to many contractors’ assumptions, a subcontractor’s bid to a general contractor is not binding in and of itself — even if the general contractor relies upon it in formulating its bid to the project owner. Instead, the bid is … Continue reading
Posted in Contractors, Personal Representation