Construction Law

Cost-Plus Contracts
A cost-plus construction contract generally obligates the owner to pay for the costs associated with the construction project and a fee for the contractor's services on the project. More...
Liquidated Damages for Delay
When a construction project is delayed through the fault of a contractor, that contractor may be responsible for liquidated damages. Many construction contracts provide for this eventuality by specifying that the contractor must pay a predetermined amount for each day of delay attributed to it. A court will generally enforce such a liquidated damages provision so long as the payment amount is commensurate with the owner's entitlement to damages as opposed to an amount that, instead, operates to penalize the contractor. More...
Interpretation of Construction Contracts - Trade Usage
"Trade usage" indicates a regular observance of course of conduct between those in a given industry that is usually expected to be followed by those in the industry or trade. Parties to a contract are generally considered to be justified in their assumption that performance under the contract will be in keeping with the usage of trade. More...
Interpretation of Construction Contracts - Course of Dealing
The "course of dealing" between parties to a construction contract encompasses their past actions in conducting business on other matters and is regarded as the basis for a common understanding between the parties. Essentially, their conduct in carrying on past business affairs with one another may be used to interpret a contractual provision in their current business endeavor. When the parties have neglected to include a term in their current contract, courts may look to their course of dealing to supply the missing term. More...
Act of God as a Contractor's Defense
An owner may allege breach of contract against the builder with respect to the performance, or lack thereof, of the construction contract. As a defense, the builder may claim the impossibility of performance based on an act of God. Additionally, the act of God defense can be utilized on a builder's behalf to show that a delay in performance was excusable. More...

Areas of Practice

  • Construction Litigation
  • Commercial Litigation
  • Surety & Fidelity
  • Bank and Insurer Insolvency
  • General Practice Trials and Appeals in Federal and State Courts
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