If you are an unpaid contractor in direct contract with the owner of real property, you should be serving a Contractor’s Final Payment Affidavit prior to foreclosing on your construction lien.  This should extend to any trade contractor hired directly by the owner.  As a matter of course,...

In the preceding article, I discussed the use of a retrospective as-built delay analysis in a case before the Civilian Board of Contract Appeals (CBCA).   This case also discussed a damages component in certain delay claims known as unabsorbed home office overhead—a challenging damages...

Delay claims are part of construction.   There should be no surprise why.  Time is money.  A delay claim should be accompanied by expert opinions that bolster evidence that gets introduced.  The party against whom the delay claim is made will also have an expert – a...

In prior postings, I have discussed the all-powerful General Agreement of Indemnity (click here and here).  This is the document a bond-principal executes to obtain bonds (e.g., performance and payment bonds).  Not only does the bond-principal execute this General Agreement...

In contract law, there are two doctrines that have similarities but are indeed different. These doctrines are known as novation and modification.   There are times you may want to make arguments relative to these doctrines because they are important for your theory of the dispute.  Thus,...