Bill Wilson | Robinson + Cole Terminating a contract is a serious and sometimes risky decision. Whenever a client seeks advice regarding termination, a lawyer should stress the importance of strict compliance with the contractually specified termination provisions. One misstep by a terminating party who otherwise did nothing wrong could be a material breach of contract exposing… Continue reading Terminator Beware
Month: July 2022
TIAs: Does the Timing Matter?
Kandace Zimmerman and Julia Villalobos | Forum on Construction Law Construction scheduling specifications regularly include provisions for dealing with time extension requests, often referencing use of a Time Impact Analysis (TIA) methodology. According to guidance provided by an industry recommended practice, AACE International Recommended Practice No. 29R-03, a TIA is a modeled technique used for… Continue reading TIAs: Does the Timing Matter?
The Double-Breasted Dilemma
Lauren E. Rankins and Saloni Shah | ConsensusDocs What Is A Double-Breasted Operation? A double-breasted operation is when a firm has two entities, and one entity performs work under collective bargaining agreements and the other does not. While this type of operation is not outright prohibited, it is often subject to a variety of challenges… Continue reading The Double-Breasted Dilemma
Jury Trials: A COVID Update
Joshua Lane | Ahlers Cressman & Sleight Budd v. Kaiser Gypsum Co., Inc., — Wn. App. 2d –, 505 P.3d 120 (Wash. Ct. App. 2022). (1) Courts must ensure that juries are randomly selected to provide a fair and impartial jury. (2) While the Sixth and Fourteenth Amendments prohibit the systematic exclusion of distinctive groups from… Continue reading Jury Trials: A COVID Update
Best Practices After Receiving Notice of a Construction Claim
Lauren Meadows | Construction Executive Being served with a lawsuit is typically not a welcomed experience. However, a construction professional that has been proactive in an early investigation of the claim will be better equipped to defend the case. The following best practices should be used by construction professionals as soon as a potential claim… Continue reading Best Practices After Receiving Notice of a Construction Claim