bid process

Navigating the Competitive Bid Process for Public Contracts

The bid process for a public construction project can be daunting for even the most sophisticated and savvy owners. Failing to adhere to state...

Contractor Beware

Timely and effective communications among the project owner, contractors, and others are hallmarks of successful construction projects. Nearly every contract will be amended to...

Critical Provisions

Pay-if-paid and pay-when-paid provisions and their legal effect can have critical consequences for contractors on construction projects when an owner becomes insolvent or fails...

Public Owner’s Duty to Act in Good Faith

Decision may be helpful for contractors dealing with government entities Most contractors have worked on projects that were delayed for reasons outside their control. Many...

Watch Your Language

Avoiding the High Costs of Delays Schedule delays, and their concomitant costs, are an unfortunate reality for many construction projects. For the project owner or...
Payment and Performance Bonds

Payment and Performance Bonds

As a matter of routine, on public projects contractors are required to obtain payment and performance bonds, often combined into one instrument, to guarantee...

Weather Delays

A Few Tips on Entitlement and Quantification Just this past month, we had substantial rain that caused flooding in many areas throughout Middle Tennessee. As...
liquidated damages clauses

Liquidated Damages Clauses

Even if an owner has been delayed through the fault of the contractor, the owner still must be able to establish damages attributable to...
Contract Payment Provisions

Understanding Contract Payment Provisions

Payment terms and conditions are an important piece of every construction contract. Taking some time to understand your payment obligations will help you successfully...

Building Costs and Legal Battles

Litigation surrounding the Trump administration’s tariff policies continues to dominate news cycles. Just recently, the U.S. Court of Appeals for the Federal Circuit heard...