I am frequently asked to review construction contracts both before a project starts and after a dispute arises. Unfortunately , the later is much more common. Contractors are often disappointed to hear that certain contract language limits or even prohibits their right to recover an otherwise justified claim or that the contract shifts risk to them… Continue Reading
Monthly Archives: December 2011
What is the Spearin Doctrine?
Posted in UncategorizedThe Spearin Doctrine sounds like a foreign policy declaration from the 19th Century. Actually, the Spearin Doctrine is a powerful legal defense for contractors facing a claim of defective workmanship. When entering into a construction contract, a contractor agrees to perform a certain scope of work for an agreed upon price. Typically, a contractor’s scope… Continue Reading
Guide to Business Survival
Posted in UncategorizedBack in August I posted that Construction Executive Magazine had published my artcle on some best pratices in dealing with rising building material costs. I am pleased to report that Construction Executive has included that article in its year end “Guide to Business Survival,” which is published in this month’s issue of the magazine.
Philadelphia PLA’s: Another Setback for the 99%
Posted in Project Labor Agreements, Public BiddingYesterday CBS Philly reported that Mayor Nutter signed Executive Order 15-11 once again making project labor agreements a reality on City owned public works projects in excess of $5 million, which would require all contractors bidding on City projects to hire workers out of a local union hiring hall and abide by onerous, restrictive, and… Continue Reading
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