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Not Just An Old Wives’ Tale: Negotiating “Paid In Full” Check Binds Contractor

Best Practices Construction Law

the Court of Appeals of Mississippi held that the PAID IN FULL principle—or what lawyers know as accord and satisfaction —barred a contractor’s claim for additional payment. In Triangle Construction , the court held that the contractor’s claims against the engineer were barred by the doctrine of accord and satisfaction.

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Bargaining Room v. False Claims: 5 Tips for Negotiation of Construction Claims

Best Practices Construction Law

Earlier this week, a settlement was reached in dispute where the contractor and designer were alleged to have filed false claims with the U.S. The issue raises an important question: What should a contractor do during negotiations to allow for some “bargaining room” so as to avoid any appearance of filing a false claim?

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Construction Claims Negotiations - Develop a Strategy

Construction Dive

Most often, a disputed change order request or claim for extra costs on a construction project will require one or more negotiation sessions between the contractor and owner to arrive at the final cost and time impact. Negotiation offers the last and best opportunity to settle a dispute without resorting to arbitration or litigations.

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I Lived It: Litigator Provides His Perspective on Solar Warranty Claims

Constructlaw

This article explores practical steps a solar array owner or operator can take now to better position itself to make warranty-related claims five, 10 or even 25 years into the future. Other considerations: Plan to pursue warranty claims as quickly as possible. Reposted from Solar Power World with permission.

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The Percentages Favor Settlement of Claims and Appeals

Federal Construction Contracting Blog

As a follow-up to my earlier post about the need to develop a settlement strategy when a claim is headed for litigation, I reviewed the various decisions of the Armed Services Board of Contract Appeals (ASBCA) for the first five months of 2022. Over 90% of the ADRs before the Board have resulted in settlements.

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Construction Claims Mitigation During Dispute Phase

Construction Dive

Despite all the best efforts, claims and disputes are likely to arise on your projects. This article provides keys to help you avoid claims during the dispute phase which starts during and overlaps with the construction phase. Read more.

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JOB ORDER CONTRACT Legal Issue – LOS ANGELES UNIFIED SCHOOL DISTRICT, v. TORRES CONSTRUCTION CORP. et al.,

Job Order Contracting

LAUSD prevailed on its claims for breach of contract and was awarded $3,941,829 in damages. While LAUSD prevailed in this dispute, it is arguable that the associated issues could have been detected at the proposal negotiation stages and other phases… prior to the JOC Program Audit that subsequently identified the issues.