KPPB Law The process of completing new construction requires communication and adaptability from all involved parties. However, when a project fails to adhere to the agreed upon scope, price or details, both contractors and owners may have the grounds to pursue legal action against the other. Helping you to navigate such claims, whether you are… Continue reading What Are The Different Kinds Of Construction Claims?
Category: Construction Claims
An Inverse Condemnation Claim Arising From A Public Project’s General Construction Activities Requires A Unique, Peculiar, And Substantial Impact To Property
Jillian Friess Leivas | Nossaman When public projects are being constructed, surrounding property owners typically experience construction impacts, such as noise, dust, fumes, vibration, and road detours. Typically, absent a physical taking of property, those construction impacts are not compensable under an inverse condemnation claim unless the property owner experiences a direct, substantial, and peculiar… Continue reading An Inverse Condemnation Claim Arising From A Public Project’s General Construction Activities Requires A Unique, Peculiar, And Substantial Impact To Property
You Are on Notice: Failure to Comply With Contractual Notice Provisions Can Be Fatal to Your Claim
Jenifer B. Minsky | ConsensusDocs Imagine your firm is the construction manager on a multi-million-dollar project. At the end of the project you are five million dollars out-of-pocket. You have a stack of claims for additional and extended work which led to the overrun, payment for which will easily cover the shortfall. However, the owner… Continue reading You Are on Notice: Failure to Comply With Contractual Notice Provisions Can Be Fatal to Your Claim
Construction Picks Up Post-COVID and So Do Claims (and A Construction Lawyer Can Help)
Christopher G. Hill | Construction Law Musings I’m a construction attorney and proud to be one. Over the past couple of years, my expertise (and that of my fellow members of the Virginia construction bar) has been challenged by everything from COVID-related shutdowns to supply chain issues to unanticipated price increases. With each of these obstacles placed in front of my… Continue reading Construction Picks Up Post-COVID and So Do Claims (and A Construction Lawyer Can Help)
Presenting a “Total Time” Delay Claim is Not Sufficient
David Adelstein | Florida Cosntruction Legal Updates When presenting a delay-type of claim on a construction project, a claimant MUST be in a position to properly PROVE the claim. Trying to present a delay claim loosey-goosey is not a recipe for success. In fact, it can be a recipe for an easy loss. This is not what… Continue reading Presenting a “Total Time” Delay Claim is Not Sufficient