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The Real Lemon in the Bunch: Understanding Pay-If-Paid Clauses in...

As you may be aware, one of the greatest risks on a construction project involves the payment process. Just like my kids expect to be paid for the lemonade they sell, contractors and subcontractors...

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When Does A Claim for Damages Not Require Notice? When It Is One For...

I just blogged about asking for what you want and the importance of complying with notice provisions in pursuing a construction claim.  A court in Oklahoma just reminded me that not all claims require...

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Construction Law Summit in Nashville: How to Claim an Invitation!

I have been blogging for over 10 years now. I have spoken at construction and leadership conferences all over the country. Do you want to know my favorite place to speak? My favorite place to speak is...

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Contractor’s Alleged Licensing Violation Raises Due Process Concerns in...

Contractor licensing violations raise serious concerns for all parties. For an owner, an unlicensed contractor may affect financing options on one end and the contractor’s entitlement to recover...

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Double Take: Court Finds That Contractor Waived Owner’s Past (But Not Future)...

With six kids, not a week goes by that I don’t catch one of them running through the house.  In fact, I was on a call this morning when out of the corner of my eye I saw a blur racing down the hall.  I...

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No Longer in the Dark: A Primer on the Distinction between Delay and...

If you are left in the dark about something, you don’t have the information you should have to make an informed decision.  Delay claims on a construction can be confusing, especially when you think...

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Snapchat This! That Little Green Card is Pretty Important Says One Court

We live in a world of e-mails, IMs, texts, Snapchats, TikToks, Instagrams and the occasional fax.  Although information is transmitted instantaneously in today’s environment, proof of receipt of that...

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Broad Form Lien Waivers No Longer Part of the Game in North Carolina

North Carolina Avenue is one of the hottest properties in Monopoly, says most of my kids.  And if you are a contractor or subcontractor in North Carolina, the law makers recently afforded you some...

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Slow As A Turtle? Florida Court Finds “No Damages for Delay” Clause Has Limits

My commute home last night took longer than usual. It was not excessive traffic, an accident, or a stalled car.  Rather, the cause of my delayed commute was a turtle: one single turtle crossing the...

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More Than Meets the Eye: TN Court Finds Arbitration Agreement in Employee...

Excuse the eye patch, as I just had retina surgery yesterday.  I am surprised at how different the world looks with only one eye to focus—from the depth of the stairway, to the water flowing from the...

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