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HTMLMinimize the Inherent Risk in "Scope Bidding" by Amending Your Form Subcontract
Eugene J. Heady; Smith, Currie & Hancock LLP;
Legal Alert/Article
August 12, 2014, previously published on August 8, 2014
Subcontractors must exercise particular care if the project specifications are performance specifications or otherwise described by so-called “scope” criteria. A scope specification is one that describes the general scope of the project in terms of design, dimension, and major...

 

HTMLCan a Contractor Hold a Subcontractor to its Bid
Eugene J. Heady; Smith, Currie & Hancock LLP;
Legal Alert/Article
July 2, 2014, previously published on June 6, 2014
The Contractor was preparing to bid on a school project. On the day of the bid, a Subcontractor submitted its bid to the Contractor to perform the paving work on the project. The Subcontractor’s bid was submitted by telephone on the day that the Contractor had to submit its bid to the school...

 

Adobe PDFEmpower Your Arbitrator to Allocate or Award Attorneys' Fees
Eugene J. Heady; Smith, Currie & Hancock LLP;
Legal Alert/Article
April 11, 2014, previously published on April 7, 2014
Claims and disputes involving construction projects tend to be technically complex and factually intensive. As a result, the resolution of construction claims and disputes can be time consuming and costly. In prosecuting or defending claims, one question that always arises is “Can I recover...

 

HTMLEffective Negotiation of Construction Claims
Eugene J. Heady; Smith, Currie & Hancock LLP;
Legal Alert/Article
December 13, 2013, previously published on December 4, 2013
Claims and disputes in the construction industry are commonplace and often result in protracted and contentious litigation. The reality, however, is that most construction lawsuits settle before trial. Regrettably, settlement usually comes after much pain, suffering and expense. A prolonged and...

 

HTMLBasic Components of a Well-Prepared Claim Document
Eugene J. Heady; Smith, Currie & Hancock LLP;
Legal Alert/Article
August 9, 2013, previously published on August 7, 2013
On a construction project of any complexity, disputes are often the rule-not the exception. Claims in the construction industry are commonplace. During the lifetime of most construction companies, it is likely that the company will become embroiled in a claim that cannot be resolved outside a...

 

HTMLClarification of the Economic Loss Rule May Greatly Expand Tort Claims in Construction Litigation
Eugene J. Heady; Smith, Currie & Hancock LLP;
Legal Alert/Article
June 12, 2013, previously published on June 7, 2013
The economic loss rule is a judicially-created doctrine that sets forth the circumstances under which a tort action is prohibited if the only damages suffered are economic losses. Economic losses involve injury to a financial or business interest as distinguished from losses involving personal...

 

HTMLGarfield and the Puzzling Negotiation That Resolved a Labor Inefficiency Claim
Eugene J. Heady; Smith, Currie & Hancock LLP;
Legal Alert/Article
April 10, 2013, previously published on April 5, 2013
Lasso in hand, Garfield stood stoically up against the magnificent Saguaro Cactus, its five arms towering above him. The scorching desert sun beat down on him. Garfield peered out from beneath the brim of his cowboy hat, which was tipped forward covering the oversized white of his left eye. The...

 

HTMLWhistleblower, Government and Contractor Settle False Claim Act Litigation That Arose in the Aftermath of a Hurricane
Eugene J. Heady; Smith, Currie & Hancock LLP;
Legal Alert/Article
February 12, 2013
In the aftermath of a major hurricane, it is both conceivable and predictable that in the chaotic hustle to mobilize government resources to assist the victims there will be occasions for fraud, waste and abuse, including fraudulent, inflated, or false claims. When government contracts are...

 

HTMLLay Down The Swords And Mediate Your Construction Dispute
Eugene J. Heady; Smith, Currie & Hancock LLP;
Legal Alert/Article
February 12, 2013
The mediator looked at the opposing lawyers and reminded them of the adage “he who sues my client is my friend.” What? Heresy you say? Not so fast. Civility leading up to and during mediation will go a long way in helping to contain the conflict and resolve the dispute. While...