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Recent Posts

SOMETIMES, BEING TOO CUTE WITH PLEADING ALLEGATIONS IS UNNECESSARY

Posted on 2 June, 2018
There are times where being too darn cute with your pleading allegations is unnecessary and does not work.  But, the point is really that the cuteness is unnecessary.   In a Miller Act payment bond dispute in Boneso Brothers Construction, Inc. v. Sauer, Inc., 2018...

CONSTRUCTIVE CHANGE DIRECTIVES / DIRECTED CHANGES

Posted on 28 May, 2018
Prime contracts typically contain a constructive change directive clause.   A constructive change directive also goes by the acronym CCD (and for purposes of this article, such changes will be referred to as a CCD), however...

TYPE I DIFFERING SITE CONDITIONS CLAIM IS NOT EASY TO PROVE

Posted on 19 May, 2018
A differing site condition claim will almost universally result in both a cost and time impact.    There will be additional, unanticipated costs incurred.  And there will likely be a delay requiring additional time to perform.  

EXCULPATORY PROVISIONS IN BUSINESS CONTRACTS

Posted on 13 May, 2018
An exculpatory provision in a contract is a provision that relieves one party from liability for damages.  It shifts the risk of an issue entirely to the other party.   Such a provision is generally drafted by the party preparing the contract that is looking to eliminate...

RECEIVING A $0 VERDICT AND STILL BEING DEEMED THE PREVAILING PARTY FOR PURPOSES OF ATTORNEY’S FEES

Posted on 12 May, 2018
Low and behold, a party can be the prevailing party for purposes of attorney’s fees even if that party is awarded $0.  That’s right, even if the party is awarded a big fat zero, they can still be the prevailing party for purposes of being...