Nov 6, 2017

A Primer on Keeping and Maintaining a Good Daily Diary

Contractor Writing in Notebook

Authored by Darren Rowles and Scott Cahalan Every owner, contractor, subcontractor, engineer, superintendent, and foreman on a construction project should keep and maintain a daily diary that records their personal observations and conversations relating to the project.  The key to preparing a good daily diary is to recognize and contemporaneously record those items that may be significant in… Read more


Sep 27, 2017

President Trump’s Buy American and Hire American Order

made in USA stamp

Authored by Darren Rowles and Scott Cahalan On April 18, 2017, President Donald Trump issued an Executive Order (the “Order”) entitled “Buy American and Hire American,”[1] intended to, among other things, strengthen public procurement policies promoting domestic preferences for construction materials used on public projects. Technically, the Order does not make or change any existing law. … Read more


Jul 21, 2017

The Importance of Retaining Evidence of Receipt

envelopes mail

Authored by Darren Rowles and Scott Cahalan A contractor’s ability to recover on a claim may turn on whether the contractor provided timely notice of the claim to the project owner.  Claim notice requirements in contracts are “…legal and binding on the parties in the absence of special circumstances, such as waiver or estoppel.”[i] Claim… Read more


Jun 27, 2017

Responding to False, Inaccurate, and Misleading Statements in Business Letters

Man in suit reading letter

Authored by Darren Rowles and Scott Cahalan Most contractors have received letters, e-mails, invoices, and other forms of correspondence in the ordinary course of business from owners, architects, and others that contain false, inaccurate, or misleading statements.  Does the contractor need to respond to the letter? A contractor should always respond to false, inaccurate, and… Read more


Feb 21, 2017

Constructive Change: A Claim by Any Other Name

Blueprints

What should a contractor do when it and the owner’s representative dispute whether certain work requested by the owner is required by the drawings and specifications and the contract states that (1) the contractor waives its right to a change order by proceeding to perform a change without first obtaining a change order or directive… Read more


Jan 24, 2017

Is your Company’s Drug Testing Policy compliant with OSHA’s New Rules?

Drug Test

Authored by Darren Rowles and Scott Cahalan Occupational Safety & Health Administration (“OSHA”) requires that employers inform employees about how to report occupational injuries and illnesses.[1]  OSHA recently updated its rules to clarify that the reporting method required by employers must include (1) a “reasonable procedure” for employees to report work-related injuries and illnesses, and… Read more


Aug 2, 2016

Understanding Your Surety’s Indemnity Agreement

Authored by: Darren Rowles and Scott Cahalan Contractors on public and private projects are often required to obtain surety bonds to secure their bidding, payment, and performance obligations under a construction contract.[1] A bond is a three-party contract entered into by the surety, the principal (contractor) and the obligee (owner) in which the surety guarantees to the… Read more


Mar 31, 2016

Material Breach and the Consequences of Being Wrong

Authored by: Scott Cahalan and Darren Rowles It’s not uncommon for parties to a construction contract to exchange heated letters accusing each other of material breach of their contract.  Determining whether a breach occurred is easy compared to determining whether that breach was material. A breach is a failure to perform an express or implied… Read more


Feb 1, 2016

Local Government Procurement Laws – What does it take to be a “Responsive Bidder”?

Authored by: Darren Rowles and Scott Cahalan In a previous article we discussed the requirement that, if it awards a public works contract, a public entity in the State of Georgia must award the contract to the “lowest responsible and responsive bidder,” unless an exception to this requirement applies. This article addresses what it means… Read more


Oct 22, 2015

Are Sole Source Specifications Enforceable?

Authored by: Darren Rowles and Scott Cahalan A sole source specification restricts a bidder to providing materials, equipment, or labor, from one source.  For example, a specification that requires the contractor to furnish a 1200 ton Trane CenTraVac® chiller would preclude furnishing any other make or model of chiller. Sole source requirements are enforceable on… Read more