Boston Developer Sues Contractor Alleging Delays That Cost Millions
November 01, 2021 —
James Leggate - Engineering News-RecordA Miami developer is suing the general contractor it hired to build a 22-story mixed-use tower in Boston’s trendy Seaport District, alleging construction delays cost it $4.9 million in lost revenue.
Reprinted courtesy of
James Leggate, Engineering News-Record
Mr. Leggate may be contacted at leggatej@enr.com
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The Requirement to State a “Sum Certain” No Longer a Jurisdictional Bar to Government Contract Claims
November 13, 2023 —
Marcos R. Gonzalez - ConsensusDocsThe Boards of Contract Appeals, Court of Federal Claims, and the Federal Circuit have long held that the elements of a claim under the Contract Disputes Act (“CDA”) to be jurisdictional. Those requirements are as follows:
(a) Claims generally.–
(1) Submission of contractor’s claims to contracting officer.–Each claim by a contractor against the Federal Government relating to a contract shall be submitted to the contracting officer for a decision.
(2) Contractor’s claims in writing.—Each claim by a contractor against the Federal Government relating to a contract shall be in writing.
(3) Contracting officer to decide Federal Government’s claims.–Each claim by the Federal Government against a contractor relating to a contract shall be the subject of a written decision by the contracting officer.
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Marcos R. Gonzalez, Peckar & Abramson, P.C.Mr. Gonzalez may be contacted at
mgonzalez@pecklaw.com
5 Ways Equipment Financing is Empowering Small Construction Businesses
August 24, 2017 —
Duane Craig - Construction InformerSmall construction businesses can often get 100% equipment financing, eliminating the down payment, and freeing up cash, according to the Equipment Leasing and Finance Association (ELFA).
Most small businesses need equipment in order to operate and grow, and each business must decide on an acquisition strategy that is right for it. But, a majority of businesses turn to equipment leasing and financing so they can take advantage of a range of benefits.
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Duane Craig, Construction InformerMr. Craig may be contacted at
dtcraig@constructioninformer.com
Robots on Construction Sites Are Raising Legal Questions
September 18, 2023 —
Peter Sheridan - Construction ExecutiveMark Twain said that “good decisions come from experience. Experience comes from making bad decisions.” Aesop warns “be careful what you wish for….” But is there a good decision to be made now to employ robots on your next project? There is not a lot of experience to help us make that decision, and the robotic laborer that does not tire or need breaks or desire a raise or promotion looks like an option we might all wish for when planning our next project.
Are there pitfalls, traps for the unwary? Always. Spotting them is the trick. After a brief glimpse into the past for appropriate context, there are a few traps that need to be considered.
Reprinted courtesy of
Peter Sheridan, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
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Digital Twins for a Safer Built Environment
November 24, 2019 —
Cristina Savian - AEC BusinessAs a native of Turin Italy, I was horrified at the Ponte Morandi bridge collapse last year. As a child and as an adult I have travelled over that bridge more times than I can imagine and have often pondered the what-if scenarios. What if it had happened when I or my loved ones were travelling on that bridge? As a chartered construction professional, I ask myself, what could have been done, what should have been done and what can we do to prevent this from happening in the future?
Having access to a digital twin with an integrated understanding of the way the bridge was designed, built and performed over the last 50 years and being able to run “what if” scenarios would have allowed us to have a much greater understanding of the structure and its limitations in its context. This is where I believe a digital twin of any built asset is a step in the right direction.
The digital twin has been proclaimed by many as a milestone innovation in the construction industry, with huge benefits to constructors and owners of assets through efficiencies in manufacturing and operation but also to attracting users of the spaces they replicate. However, digital replicas can take a broad range of forms depending on its purpose, use and application sparking debates among professionals on what they actually are and what represents a ‘true’ twin.
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Cristina Savian, AEC Business
Newmeyer & Dillion Ranked Fourth Among Medium Sized Companies in 2016 OCBJ Best Places to Work List
September 01, 2016 —
Newmeyer & Dillion LLPProminent business and real estate law firm
Newmeyer & Dillion LLP is proud to announce that it has been ranked fourth among medium sized companies in the
Best Places to Work in Orange County – 2016 Survey. The firm was the only law firm to make the top 25 of its category. This marks the fifth consecutive year Newmeyer & Dillion LLP has made the list showing that its deep commitment to professionalism and client service is shared and appreciated by its workforce.
Jeff Dennis, Newmeyer & Dillion’s Managing Partner, believes the award is representative of the team effort and atmosphere that is fostered at the firm. “We believe that client satisfaction goes hand-in-hand with work-place satisfaction. By combining an environment in which individual effort is recognized, with a team approach in which everyone is respected, we have achieved the perfect balance for success. We are honored that our employees appreciate our efforts in this regard.”
Created in 2009, the awards program evaluates entries based on workplace policies, practices, demographics and also collects employee surveys to measure overall satisfaction and experience. The Best Companies Group worked alongside the Orange County Business Journal in collecting and analyzing the data and is a partner in the project.
Newmeyer & Dillion has been honored in the July 25 issue of the Orange County Business Journal. For more information on the survey process and to see other award recipients contact Jackie Miller at 877-455-2159 or visit www.BestPlacestoWorkOC.com.
About Newmeyer & Dillion
For more than 30 years, Newmeyer & Dillion has delivered creative and outstanding legal solutions and trial results for a wide array of clients. With over 70 attorneys practicing in all aspects of business, employment, real estate, construction and insurance law, Newmeyer & Dillion delivers legal services tailored to meet each client’s needs. Headquartered in Newport Beach, California, with offices in Walnut Creek, California and Las Vegas, Nevada, Newmeyer & Dillion attorneys are recognized by The Best Lawyers in America©, and Super Lawyers as top tier and some of the best lawyers in California, and have been given Martindale-Hubbell Peer Review's AV Preeminent® highest rating. For additional information, call 949-854-7000 or visit www.ndlf.com.
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Stormy Seas Ahead: 5th Circuit to Review Whether Maritime Law Applies to Offshore Service Contract
July 26, 2017 —
Richard W. Brown & Afua S. Akoto - Saxe Doernberger & Vita, P.C.Earlier this year, the 5th Circuit applied the Davis factors to determine the validity of an indemnity clause in a Master Services Contract. In Larry Doiron Inc. et al., v. Specialty Rental Tool & Supply LLP et al., the court affirmed the notion that if a contract provides services on navigable waters aboard a vessel, a maritime contract exists, even if the contract calls for incidental or insubstantial work unrelated to the use of a vessel. With this decision, plaintiffs were granted indemnification for a crane injury and all was well on the open seas.
The 5th Circuit made waves, however, on July 7, 2017, when it agreed to rehear the case en banc. In its petition for rehearing, defendant STS argued that: (1) the original opinion conflicted with Supreme Court precedent by applying tort law principles to a contract case; (2) the court misapplied the Davis factors and the decision was contrary to Davis because the historical treatment of specialty well service work has been established as non-maritime; (3) the court needed to address whether a contract is subject to maritime or land-based law in the context of offshore mineral exploration.
Reprinted courtesy of
Richard W. Brown, Saxe Doernberger & Vita, P.C. and
Afua S. Akoto, Saxe Doernberger & Vita, P.C.
Mr. Brown may be contacted at rwb@sdvlaw.com
Ms. Akoto may be contacted at asa@sdvlaw.com
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English v. RKK. . . The Rest of the Story
December 04, 2018 —
Christopher G. Hill - Construction Law MusingsBack in February, I discussed a case relating to indemnity and ambiguity. The opinion in that case, W.C. English, Inc. v. Rummel, Klepper & Kahl, LLP et al., allowed a breach of contract and indemnity claim to move forward despite the fact that conflicting term sheets between the plaintiff and defendant could have been read to violate Virginia law by requiring indemnity for English’s own negligence. In other words, the ambiguity worked in English’s favor (though that is not something to count on). The Court did not however address whether there was any negligence on English’s part and if there was, what was the contractual effect.
I’ll bet you were wondering what happened later in that case. Well, here’s the answer. In a subsequent opinion, the Court looked at the same ambiguous and conflicting term sheets between and among those defendants that were required to provide quality assurance services for the construction of a bridge in western Virginia. For the full procedural and factual analysis, be sure to read the full memorandum opinion linked above.
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Law Office of Christopher G. HillMr. Hill may be contacted at
chrisghill@constructionlawva.com