One of the most challenging claims to prove is a lost productivity or inefficiency claim.  There is an alluring appeal to these claims because there are oftentimes intriguing facts and high damages.  But the allure of the presentation of the claim does not compensate for the...

Does a constructive acceleration claim require the contractor to always request an extension of time which is then denied by the owner?  While this is certainly the preference and the contractor should be requesting an extension of time as a matter of course for an excusable delay, the...

In law school, one of the first legal doctrines we learn is known as the “statute of frauds.”   The statute of frauds is essentially a defense to a contract enforcement action claiming the contract is unenforceable due to the statute of frauds.  In other words, this doctrine is raised when...

It is possible for a party to contractually disclaim or otherwise foreclose liability to a fraud claim.  However, let's be honest.  It can be done, but rarely is and would require very specific language to EXPLICITLY disclaim or foreclose such liability to a fraud claim. A recent case, discussed