VOLUME 3   ISSUE 42   OCTOBER 17, 2014


By Bruce Jervis


The assessment of liquidated damages for late completion would seem straightforward to administer. When the work remains incomplete beyond the contract deadline, the project owner withholds the stipulated daily amount for each calendar day. Yet, project owners repeatedly trip themselves up by failing to act promptly and decisively.


The problem of waiver is well known. If an owner urges continued performance beyond the completion deadline without expressly establishing a new, reasonable completion date, the owner may be held to have waived the right to withhold liquidated damages. A recent situation on a federal project adds another twist. ... Read more.


Featured in this Week’s Construction Claims Advisor:

  • Assessment of Liquidated Damages Not a “Continuing Claim”
  • Surety Charged with Knowledge of Bonded Contract


By Steve Rizer


To print or not to print? That is perhaps the question William Shakespeare would ask if he were working in today’s construction industry and trying to decide whether it is a good idea to routinely make hard copies of his organization’s electronic documents to prevent some potential legal headaches. And though the playwright did not pose this question to attorney Matthew DeVries during a recent WPL Publishing webinar, someone in the audience did, albeit in a slightly different way. To see how the Stites & Harbison PLLC member responded to the attendee’s inquiry, click here.


By Steve Rizer


Soon there may be a significantly greater demand for those professionals who can help optimize a building’s performance over the long term. Why? Because on Nov. 13, a new U.S. Department of Energy (DOE) rule will go into effect to require verified energy and water performance for new and retrofitted federal buildings that are certified by private-sector green building certification systems. ... Read more.





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