Oops – was that 100 or 1,000 feet? Who made the mistake?

Alexander Barthet Contracts Leave a Comment

During the construction process, it is inevitable that mistakes will be made– you just hope yours isn’t so big that it bankrupts you. Mistakes are categorized as either unilateral or mutual.  That means just what it says. A unilateral mistake is one made by only one party while a mutual mistake is one that is shared by both parties. So …

Alexander BarthetOops – was that 100 or 1,000 feet? Who made the mistake?

Arbitration award commotion

Alexander Barthet Arbitration, Challenge, Contracts Leave a Comment

It has always been possible to argue (albeit with difficulty and often with little success) that an arbitration award should be vacated because it manifestly disregards the law. However, lately, more and more construction lawyers are relying on a different argument – if an award doesn’t conform to the contract, then the arbitrator has exceeded his/her authority, and the award …

Alexander BarthetArbitration award commotion

Retainage: How to get some when you’re halfway done

Alexander Barthet Contracts, General Contractor Leave a Comment

Say you’re working for a local municipality which is holding a large retainage or your payment applications. Do you know that at 50 percent completion “… a public entity must reduce to 5 percent the amount of retainage withheld from each subsequent progress payment made to the contractor”. Generally under construction contract law, the term “50-percent completion” means the point …

Alexander BarthetRetainage: How to get some when you’re halfway done

Contract Disclaimers in Sales Agreements

Alexander Barthet Contracts, Disclaimer Leave a Comment

A salesman told a homeowner that once the alarm and fire detection system he was selling was in place, she should never have to worry about losing her house to a fire. He explained that if a fire ever started, the system was set up to alert her as well as the closest fire station. Convinced, the homeowner signed on …

Alexander BarthetContract Disclaimers in Sales Agreements

Bid Rigging

Alexander Barthet Construction, Contracts, Subcontractors Leave a Comment

There are different ways to rig a bid. Contractors get together and illegally collude to control the bidding process. There is bid suppression where someone agrees not to bid so another can obtain the award; there is also bid rotation where contractors take turns winning the award, usually have all but one bidder intentionally bid too high a price. Both …

Alexander BarthetBid Rigging