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Recent Posts

THE CREDIBILITY OF YOUR EXPERT (INCLUDING YOUR DELAY EXPERT) MATTERS IN CONSTRUCTION DISPUTES

Posted on 3 September, 2022
Here is a quote from a judge in an order after the bench trial of a complex construction dispute between a prime contractor and subcontractor on a federal project: The evidence received in this case demonstrates the dynamic nature of complicated construction projects. At every step, the...

IS THE EVENT YOU ARE CLAIMING AS UNFORESEEABLE DELAY REALLY UNFORESEEABLE?

Posted on 27 August, 2022
Is the item or event you are claiming as an unforeseeable, excusable delay really unforeseeable?  This is not a trick question. Just because your construction contract identifies items or events that constitute unforeseeable, excusable delay does not mean those items can be used as a blanket excuse...

IS THE REMOVAL AND REPLACEMENT OF NONCONFORMING WORK ECONOMICALLY WASTEFUL?

Posted on 21 August, 2022
There are times a contractor installs the wrong material or system contrary to the plans and specifications.  A nonconformity. The owner wants the already-installed material or system to be replaced in conformity with the plans and specifications.  However, what was installed is functionally equivalent to what the plans and specifications...

PRESENTING A “TOTAL TIME” DELAY CLAIM IS NOT SUFFICIENT

Posted on 13 August, 2022
When presenting a delay-type of claim on a construction project, a claimant MUST be in a position to properly PROVE the claim.  Trying to present a delay claim loosey-goosey is not a recipe for success.  In fact, it can be a recipe for an easy loss. This is not what...

UNRAVEL THE FACTS BEFORE ASSERTING FDUTPA AND TORTIOUS INTERFERENCE CLAIMS

Posted on 30 July, 2022
CMR Construction and Roofing, LLC v. UCMS, LLC, 2022 WL 3012298 (11th Cir.  2022) is an interesting opinion where a contractor asserted a Florida’s Deceptive and Unfair Trade Practices Act (known by its acronym “FDUTPA”) claim and tortious interference claims (with a contract and...