Resolving Conflicting Contract Terms

Stan Martin | Commonsense Construction Law LLC | October 4, 2016 Was one party trying to be cute, or was this simply an error not caught in the drafting process? Two inconsistent terms made it into the final contract, and then became the basis for a post-termination dispute. One term allowed the contractor to recover… Continue reading Resolving Conflicting Contract Terms

Getting the Best Numbers on Your Estimate

Eugene Peterson | Advise & Consult, Inc. | August 18, 2016 Numbers in our business are pretty important.  With few exceptions our disputes center on actions which include remedies that are translated into numbers. Is there anything more terrifying than having to go to court with numbers you are uncertain of or question? It seems… Continue reading Getting the Best Numbers on Your Estimate

Tennessee Federal District Court Holds That Contractor May Pursue Both Breach of Contract Action in Federal Court and Lien Enforcement Action In State Court – Abstention Not Required

Jane Fox Lehman | Pepper Hamilton LLP | August 4, 2016 Summit Contracting Grp., Inc. v. Ashland Heights, LP,  2016 U.S. Dist. LEXIS 60662 (M.D. Tenn. May 6, 2016) Ashland Heights, LP (“Owner”) contracted with Summit Contracting Group, Inc. (“Contractor”) to construct an assisted living facility in Tennessee.  After completing the project, Contractor alleged that… Continue reading Tennessee Federal District Court Holds That Contractor May Pursue Both Breach of Contract Action in Federal Court and Lien Enforcement Action In State Court – Abstention Not Required

Contractor’s Failure to “Strictly Comply” With Notice Provision Precludes Contract Damages Award

Traub Lieberman Straus & Shrewsberry LLP | August 1, 2016 In the New York case of Schindler Elevator Corporation v. Tully Construction Co., Inc., 139 A.D.3d 930 (2d Dep’t 2016), the plaintiff sought recovery of additional expenses and costs it allegedly incurred as a result of delays in construction attributable to other entities at the… Continue reading Contractor’s Failure to “Strictly Comply” With Notice Provision Precludes Contract Damages Award

Does Your Construction Contract Provide for a “ Project Neutral ” to Resolve Disputes?

Jeffrey S. Wertman | Berger Singerman LLP | July 1, 2016 Disputes on construction projects are inevitable. One of the most important risk management tools for construction participants is a quick and effective dispute resolution procedure. Dispute resolution can be accomplished through various methods, including traditional mediation, arbitration and litigation. However, construction parties are using… Continue reading Does Your Construction Contract Provide for a “ Project Neutral ” to Resolve Disputes?

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