Category Archives: Construction

Calculating Contractor’s Damages Under a Partially Performed Construction Contract

Since the work was two thirds complete at the time of termination, your thought is to take two thirds of the entire contract amount, subtract out payments received to date, and present this figure as your recoverable damages. Is this approach, which is known as the percentage of completion method, the correct one? CONTINUE READING...

Forum Selection Clauses – Mandatory v. Permissive

With forum selection clauses, “shall” doesn’t always mean “shall.” If a forum-selection clause containing the word “shall” lacks additional exclusive language like “exclusive,” “sole,” or “only,” a court may find that clause to be permissive. CONTINUE READING...

Contractors: “Did I Just file a Fraudulent Claim…What’s My Exposure?

Mechanics’ liens are a great tool available to contractors, subcontractors, suppliers, and laborers to ensure payment for work, materials and/or services provided. However, filing a fraudulent lien has costly consequences, including jail time. CONTINUE READING...

First Cost and Betterment – Two Types of Defenses against Claims for Construction Damages

If you are a designer or contractor who’s been accused of negligent design or construction, you will want to analyze the owner’s claimed damages to see if they might be reduced by the amount of the first costs or betterment. CONTINUE READING...

Forum Selection Clause v. Miller Act Venue Provision: Where to Litigate?

On federal construction projects, the parties may contract where they would like to litigate potential disputes, but care should be given as to what venue is selected based on various factors. CONTINUE READING...