Repair or Replace? Understanding the Economic Waste Doctrine
One critical aspect of breach of contract litigation is the computation of damages. Typically, courts serve to create remedies that place the parties in the position they would have been if the contract had been performed. That means, in the case of an uncompleted construction project, that the courts are left to choose between calculating […]
Looking Ahead: Construction Technology Trends to Watch Out for in 2021
The engineering and construction industry rang in 2020 on a high note, employing more than 7.64 million people and adding more than $900 billion to the U.S. economy in the first quarter of 2020 alone — its highest level since the Great Recession of 2008. Then, the COVID-19 pandemic hit the United States, causing the […]
3 Causes of Cost Overruns and How to Manage Them
Cost overruns are a regular occurrence on mid-sized and large multimillion-dollar construction projects across the globe. In fact, as many as 6 out of 10 major construction projects fail to meet their established cost and schedule goals. This winds up costing the construction industry millions of dollars per year, with hundreds to thousands of valuable […]
What Is Strict Liability in Construction Law?
Liability is an important part of construction contracts. Strict liability applies to the construction industry in that what contractors do has an implied warranty of quality and safety. When a construction company’s work does not meet that standard, it becomes liable for any damages caused to the owner. The application of strict liability can be […]
How to Compel Contractors and Clients to Comply With Contractual Obligations in Construction
In the best circumstances, contracts become more of a formality, and everyone honors their commitments without having to seek any additional steps. Sometimes it becomes necessary to enforce the contract terms. In this short article, a construction litigation attorney in Clarksville, TN, provides a list of steps that you can take to attempt to compel […]
5 Ways Contractors Can Focus on Professional Development in Slow Times
Every business, including construction companies, has slow periods where business is light and there is more downtime than usual. While it may be tempting for construction companies to let their workers rest and take time to catch up on old paperwork, there are important things that you can do during this time. These slow periods […]
Common Causes of Construction Litigation
It is an unfortunate fact that litigation is common in the construction industry. Being able to sue anyone for just about anything ensures that companies will file lawsuits in response to problems as a way of forcing resolution.
Your Legal Options for Differing Site Conditions
Differing site conditions (DSC) on a construction project can create significant problems for the construction company. While some degree of delays and unforeseen costs are accounted for by negotiating the initial contract, DSC can make a project unfeasible in the timeframe for the cost allotted for the job. When this happens, the construction company has […]
5 Losses That Can Occur at a Construction Site and How to Prevent Them
When undertaking construction projects, your job site is home to several vital and expensive assets. These assets range from costly equipment to intellectual property, and, if your team is not careful, you may risk financial losses. With all of the types of losses that may occur, it is important to be aware of what can […]
Recent Portland Construction Legislation That Can Impact Your Business
Every state has its own set of laws governing the construction industry, and these laws change on a fairly regular basis, which can have a significant impact on your construction company.