Remove Change Orders Remove Claims Remove Drafting
article thumbnail

Gobble Gobble First and Then You Can Put Up the Christmas Tree. Well, Kinda.

Best Practices Construction Law

In the world of construction claims, according to one court, these same rules apply—it is premature to award damages before the claim has been considered and either approved or rejected. The contractor paid the contract balance to the subcontractor, but the subcontractor filed a motion to confirm the award on the change order work.

article thumbnail

LOL! OMG. HUH? Court Finds That Text Message Can Form Binding Contract

Best Practices Construction Law

The transaction involved numerous discussions and emails, including four drafts of a letter of intent from Buyer to Seller for purchase of a piece of property. None of the drafts of the letter were signed by Buyer. ” Second, claims succeed or fail based upon the documentation. Are change orders being discussed by text?

professionals

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

The Real Lemon in the Bunch: Understanding Pay-If-Paid Clauses in Construction Contracts

Best Practices Construction Law

The subcontract between the general contractor and the concrete subcontractor contained the following clause: “The obligation of contractor to make payment under this agreement, whether a progress or final payment, or for extra or change orders or delays to the work, is subject to the express condition precedent of payment from the owner. ”.

article thumbnail

Contractors: What is UETA and Why Should You Care?

Best Practices Construction Law

First, email communications tend to be sent "off the cuff" without creating a draft of the communication that can be reviewed by team members. For example, did you know that your email communications can be used to establish an enforceable contract, change order, or settlement?

article thumbnail

Construction Arbitration

Constructlaw

Parties should understand the key concepts and common types of claims when deciding whether to arbitrate disputes involving construction contracts. Many construction disputes involve aspects that may make them challenging to litigate before US or foreign courts, including: Many individual claims. Numerous individual claims.

article thumbnail

If You Settle Your Construction Dispute, Have You Really Settled It?

Best Practices Construction Law

The attorney for the Williams drafted a short letter agreement and sent it to opposing counsel. An agreed order of dismissal was also submitted to the attorney for McNeese. When Williams was “unable to obtain” a signature on the agreed order from opposing counsel, they filed a motion to enforce the settlement agreement.

article thumbnail

7 Steps to Successful Project Closeout

Autodesk Construction Cloud

And that 10% loss doesn’t even factor in the costs associated with claims that can come from prolonged payment disputes. Problems like delayed change orders, poor communication and lost paperwork may make it harder to close out a project on time. Delayed change order resolution. Common Project Closeout Problems.