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27 Apr, 2022

Beware of Waiving Your Arbitration Rights Through Your Conduct

2022-04-16T08:26:54-05:00April 27th, 2022|Arbitration, Construction Contractor Advisor|

Contractors are no strangers to arbitration or mediation clauses in construction contracts.  These provisions clearly identify the process for dispute resolution at the outset of a project rather than having to deal with disputes over how to resolve disputes.  However, a recent case in Florida illustrates the importance of following the requirements of these provisions to protect your rights. In Leder v. Imburgia Constr. Servs., 325 So. 3d 256 (Fla. [...]

25 Mar, 2020

Is it Time to Send your COVID-19 Notice? YES

2020-03-27T14:15:50-05:00March 25th, 2020|Construction Claims, Construction Contractor Advisor, Construction Delays, COVID Construction, COVID-19|

COVID-19 is hampering all aspects of our lives, and the construction industry is no exception.  As you continue to assess your construction projects, don’t forget that you likely have notice obligations to upstream contractors or the owner to let them know of potential delay and cost increase claims. Review Your Contract Your contract probably requires you to provide notice of delays to upstream contractors or the owner.  And, it likely [...]

9 Jul, 2019

Construction Project Problems–Who has to Pay for It?

2019-07-01T08:51:00-05:00July 9th, 2019|Construction Claims, Construction Contractor Advisor, Construction Contracts|

I often harp on the importance of having an experienced construction attorney review your construction contracts.  A recent situation at Dartmouth College emphasized the importance of anticipating the unexpected when reviewing your construction contracts. Dartmouth is building a new $200 million engineering school, with a 340 vehicle underground parking garage. The first step was to dig a 70-foot-deep hole for the 160,000 square foot building.  The problem is that the [...]

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