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Home » Articles posted by Alexander Barthet

Don’t skimp on scope-of-work details

05/03/2017 at 11:22 am

Most disputes we get involved with as construction lawyers generally revolve around a construction contract’s scope of work. It’s usually a misunderstanding where one party believes something was included in the contract and the other party believes it was not. The scope of work provision addresses these issues. Specify what you will do For contractors doing…


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“Hidden” obligations: Don’t let contract documents catch you by surprise

02/20/2017 at 3:58 am

When a hurricane struck a job site causing partly installed tilt-up construction panels to collapse, suit was brought for professional malpractice by the owner against his architect. The architect countered that this aspect of the project was not his responsibility and that it was more an engineering issue. To support his contention, the architect showed…


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Construction contracts: Pay attention to the preamble

02/16/2017 at 2:32 pm

I recently filed a lawsuit on behalf of a subcontractor who hadn’t been paid. The prime contractor named in the suit countered, saying that the company name listed in the contract’s preamble wasn’t the right company. When we looked into it, we found that the prime contractor had three nearly identical names, and the proper…


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Five lien release tips to preserve your rights

10/19/2016 at 12:16 pm

A contractor came to me at the end of a project wanting to pursue about a million dollars of delay claims. Unfortunately, he had no case. During the job he had forfeited his rights by signing lien releases that were quite sweeping in nature. Essentially, each month he had exchanged a broad release for payment…


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Nine things your construction lawyer won’t tell you (but should)

08/30/2016 at 1:03 pm

Today’s legal system is complex. Which is why you want to feel comfortable that you have the right lawyer on your side when you have questions or need legal representation in a case. Here are nine things your construction attorney may not tell you but you should pay attention to when selecting and working with…


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The proof is in the picture

07/21/2016 at 1:51 pm

In my last blog post, I discussed the importance of daily reports in protecting your company in the case of legal action. Pictures don’t necessarily need to be a part of the daily report, but they are critical pieces of evidence to support your case. Photos weigh heavily in a court of law because judges…


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