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|The Positive Multiplier of Individual Empowerment|
Joseph A. Cleves; Dressman Benzinger LaVelle psc;
October 13, 2014The result was increased efficiency and lower cost.
|The Fallacy of Union Benefit Trust Fund Lawsuits against Nevada Owners: A Call for Change|
Leon F. Mead; Snell & Wilmer L.L.P.;
October 13, 2014, previously published on September 2014One consequence of the Great Recession in Nevada is the unfortunate demise of many contractors and subcontractors. Both union and non-union contractors have gone out of business due to the lack of available projects. Unfortunately, a contractor going out of business will occasionally leave some...
|Summary of California’s Prompt Payment Laws|
Colin R. Higgins, Jeffrey M. Singletary; Snell & Wilmer L.L.P.;
October 13, 2014, previously published on September 2014The California legislature has enacted a comprehensive series of prompt payment statutes that are designed to ensure the prompt payment of progress payments and retention payments to downstream contractors by imposing harsh monetary penalties for any violations of the statutory scheme. Determining...
|Arizona Contractors Confront Cardinal Change|
Cindy K. Schmidt; Snell & Wilmer L.L.P.;
October 13, 2014, previously published on September 2014The “cardinal change doctrine” is a legal theory pursuant to which a contractor who is presented excessive, cumulative or otherwise material contract change orders has the right to terminate the contract and/or recover damages from the owner. The basic concept is that if the owner (i)...
|Drafting Contracts to Minimize or Avoid Claims|
Jason Ebe; Snell & Wilmer L.L.P.;
October 13, 2014, previously published on September 2014Many claims that arise in design and construction may be mitigated or avoided as a result of prudent contract drafting at the outset of the project. This article provides practical tips for drafting contracts to minimize or avoid claims. These tips are applicable to design and construction...
|Is the Spearin Doctrine Still a Contractor’s Shield if the Contractor Followed the Plans and Specifications?|
Richard G. Erickson; Snell & Wilmer L.L.P.;
October 13, 2014, previously published on September 2014United States v. Spearin, 248 U.S. 132, 39 S.Ct. 59 (1918) is almost 100 years old, and it is still one of the most oft-cited cases in a construction lawyer’s playbook. In numerous contested cases, Spearin has given contractors a way to avoid liability for construction defects arising from...
|Effective Planning and Management in Construction Project Scheduling|
Daniel Frost; Snell & Wilmer L.L.P.;
October 13, 2014, previously published on September 2014The successful execution of a construction program in terms of meeting time and cost objectives has always been dependent on effective planning. The increasing complexity and cost of today's construction programs highlight the importance of careful management of the entire construction process from...
|Industry Standards and OSHA Redefining VSSR Regulations|
Nicholas E. Davis, Lawrence C. Davison, Samuel M. Duran, Christopher B. Ermisch, Cynthia C. Felson; Taft Stettinius & Hollister LLP;
October 9, 2014, previously published on October 2, 2014The Ohio Supreme Court recently held that industry standards and OSHA laws may be considered by the Industrial Commission in the interpretation of VSSR (Violation of a Specific Safety Requirement) regulations. In State ex rel. Richmond v. Indus. Comm., Slip Opinion No. 2014-Ohio-1604, the claimant...
|Does Pennsylvania Law Permit Contractors and Owners to Extend the Six-Month Filing Deadline By Agreement?|
Dylan B. Spadaccino; Babst Calland;
October 9, 2014, previously published on September 18, 2014 It is not uncommon for a subcontractor, for example, to call his or her attorney regarding filing a lawsuit against the prime contractor, 13 months after the dispute arose, only to learn that buried deep within the 50 page, single spaced, 8-point font contract, lurks a clause that shortened the...
|Subcontractors Beware: An Agreement to Sponsor an Appeal May No Longer Be Enough|
Taft Stettinius Hollister LLP;
October 9, 2014, previously published on September 26, 2014The Armed Services Board of Contract Appeals’ (“ASBCA”) jurisdiction is limited by law to prime contractors. For the ASBCA to exercise jurisdiction over a subcontractor’s claim, a subcontractor’s appeal must be sponsored by the party in privity with the United States...