Construction Law Newsletters

As-Planned versus As-Built Schedule

When construction on a project does not proceed as planned, the question of damages arises, i.e. who pays and how much. Determining the amount of damages can be accomplished by comparing the as-planned construction schedule to the as-built schedule. The damages calculation will be based on the difference between the two.

Bidding on Public Contracts

For public construction projects, competitive bidding is utilized to obtain the best price for the work required from a responsible contractor. Although specific bidding procedures vary by locality, the essential character of the process remains the same. In a nutshell, the successful bid will generally be the one that is submitted by a responsible contractor for the lowest price and that is most responsive to the project specifications outlined by the public entity.

Construction Contract Assignments

Generally, parties are free to assign their rights and responsibilities under a contract. However, many construction contracts include a provision prohibiting this practice absent written consent by the owner.

Construction Defect -- Mold Litigation

Mold is generally introduced into the construction project by poor design, planning, and supervision. Exposure to toxic mold has yielded a variety of ailments. Many causes of action can arise via a mold claim.

Federal Contractors and Affirmative Action Regarding Individuals with Disabilities

Contractors who do business with the federal government must comply with federal anti-discrimination laws including the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990. Such contractors have the duty to provide equal employment opportunities for disabled persons as well as actively pursue the employment and promotion of disabled persons within their organization.