When I draft and negotiate construction contracts—whether representing contractors, subcontractors, or owners—there’s always one provision that seems to get special attention: the waiver of consequential damages. For good reason. It can significantly impact both parties’ exposure if things go sideways on a project.
So what are “consequential damages,” and why do they matter? Consequential damages…
In a move that’s turning heads on and off the jobsite, a Tennessee contractor has officially served a subcontractor with a default notice—via drone.
VoltaBuild Construction, a regional general contractor, used a DJI drone to deliver a 14-page default notice directly to Delayed Drywall & Finish at the jobsite. The envelope, marked “DEFAULT,” landed next…
“This is the worst-case scenario to prepare for,” said Kristan Lund, a meteorologist with the National Weather Service, when talking about the recent wildfires in Los Angeles and the subsequent heavy rainfall.
The aftermath of debris, mudslides and flooding has left a path of devastation, destroying both commercial and residential properties, displacing thousands of…
I am sure that my kiddos would understand that title, so shoot me an email if you get it!
In a major win for open competition in federal contracting, the United States Court of Federal Claims ruled against the government’s mandate requiring Project Labor Agreements (PLAs) on large-scale federal construction projects. The decision, issued in…
On January 21, 2025, President Trump signed an executive order titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” This sweeping action revoked Executive Order 11246, a policy that had guided federal contractors on affirmative action and anti-discrimination measures since 1965. The new directive eliminates requirements for federal contractors to maintain affirmative action programs,…
Construction contractors often have to deal with classification of employees, particularly those who work in the home office. Today’s guest post by Alexandra Shulman and Leah Lively addresses a recent court decision affecting the wage protection of employees under the the Fair Labor Standards Act (FLSA).
On November 15, 2024, a federal court in Texas…
As a single dad of seven, resolving daily disputes is a common occurrence in my house. Whether it’s whose turn it is to pick the next Netflix stream or who gets the last Crumbl cookie, disagreements are inevitable. Fortunately for my kids, they don’t need to go to an arbitrator or judge to resolve these…
I recently blogged about the use of AI and ChatGBT in the construction industry. Today’s guest post by Alexandra Shulman and Leah Lively addresses the recent guidance by the USDOL on the issue of using AI when hiring in recruitment, which is applicable to those constructions who use AI in the recruitment process.
AI…
When Hurricane Helene struck North Carolina, it caused severe disruptions to construction projects across the state. Baxter International’s North Cove facility in Marion, N.C., was completely shut down after floodwaters damaged the site and bridges leading to it. Elsewhere, landslides and floods wiped out large sections of Interstate 40, making transportation of materials and equipment…
As a construction lawyer, contractor licensing is a very key aspect of my practice. This can include new contractor applications, increase or changes in monetary limits or license classifications, change in ownership or qualifying agent , and, of course, licensing violations.
The recent decision in Incident365 Florida, LLC v. Ocean Pointe V Condominium Association serves…
