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Recent Posts

WORKERS COMPENSATION IMMUNITY AND THE INTENTIONAL TORT EXCEPTION

Posted on 16 June, 2018
  In prior articles, I discussed the benefit of workers compensation immunity for contractors.  Arguing around workers compensation immunity under the “intentional tort exception” is really hard – borderline impossible, in my...

SLAVIN DOCTRINE AND DEFENSE FROM PATENT DEFECTS

Posted on 10 June, 2018
The Slavin doctrine is an affirmative defense primarily geared to the personal injury context designed to protect contractors from third-party negligence-type claims when an owner accepts a patent defect.    

The Slavin doctrine protects contractors from liability for injuries to third parties...

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.