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Articles

  1. Can’t I Just Fire My Contractor?

    This blog is for contractors. But I get questions from owners too. The most common is “Can’t I just fire my contractor – order him off my property?” I had a question like that last week. The owner was disgusted when his home improvement contractor damaged the existing electrical system, didn’t show up for days […]
  2. Directions to the Montana Supreme Court

    Mike Mandell owned a residential lot in Paradise Valley, just outside Livingston, Montana. It was a beautiful site for a home – overlooking the Yellowstone River. Mandell asked the Bozeman firm of Bayliss Architects to design his new home. Mandell and Bayliss met on the site and struck a deal: Bayliss would design a 2,000 […]

  3. When a Job Goes Bad

    A case decided in Indianapolis last week makes the point once again: Any time there’s a dispute on a construction project, the contractor better have a good contract. Jim Dorey didn’t and paid the price. Here’s what happened.

  4. Breach of Construction Contract

    Most construction disputes begin with a surprise. And no job can astonish better than rehab work. So how do you stay out of disputes on repair jobs? Maybe you can’t. But a case decided earlier this month in Maine may be a good model for contractors on residential and light commercial repair jobs. Chris Bond […]

  5. Changes: Here Comes the Judge

    Tom and Denise Ambrose wanted to add a pool to their home in Carmel, Indiana. They selected Dalton Construction to do the work. Dalton’s plot plan for the pool was approved by the city. Just to be sure, Dalton laid out the pool outline on the ground using metal stakes, string and orange paint. When […]

  6. How Much is This Going to Cost?

    Nearly everything you buy at a store or online is made before it’s sold. Construction is different. The job gets sold before work starts. That’s why an owner’s first question is likely to be about price. Experienced contractors anticipate the cost question and are ready with an answer that helps sell the job. There’s no […]

  7. Changes in Construction Law for 2016

    Nineteen states have changed their construction contract law in the last few months. Some of these changes are trivial. Others will affect contractors throughout the state. In several cases, legislatures are simply falling in line, writing new statutes to mirror law adopted recently in other states. Highlights are below.

  8. I Just Don’t Get It

    Why do so many construction contractors use lame contracts? Builders who know better continue to use agreements that don’t comply with the law. That’s no way to run a business. And I think the day of reckoning is not too far off. If not renewed, the 30% solar tax credit expires on December 31, 2016. […]

  9. Arbitration and Warranty Claims

    Every contractor and subcontractor has to deal with warranty – a claim that something wasn’t done right and should be fixed at no cost to the owner. If you haven’t had a warranty claim yet, stand by. It’s going to happen. Nearly all states either require an express (written) warranty or impose an implied (understood) […]

  10. “You’re Fired. Get Off My Property”

    Have you heard those words from an owner? Last week I got a call from a contractor who had been told exactly that. He still had tools and equipment on the job. He was owed money. His crew and subs expected to be paid. Now what? A contractor terminated for good cause could be liable […]

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