“No Damages for Delay” Clause Enforced Against Contractor Claim

Where a contractor signed a contract with a municipality that included a clear and unambiguous “no damages for delay” clause, it was held that such a clause did not violate public policy, and that as a result of the clause the contractor was not entitled to recover...

Working On Purpose – (My new book!)

Get FREE copy of my new book – “Working on Purpose”   Pay shipping and handling costs only ($6.95).   This will probably be the last free offer. Working on Purpose – An Introduction Whether or not we acknowledge it to ourselves, each of us...

Political Contributions by Government Contractors

Comment by Wade Bass – Baker Donelson, White House press secretary Jay Carney on April 20, noting that President Obama “is committed to improving our federal contracting system, making it more transparent and more accountable,” said that the President is drafting an...

Spoliation of Evidence May (or May Not) Justify Dismissal of Lawsuit

A sanction for spoliation (destruction) of evidence must be carefully considered to impose only such relief as is reasonably necessary to level the playing field between the plaintiff and defendant.  Where a trial court barred a project owner from presenting expert...

Oral Contract for Remodeling Home May be Enforced

Where contractor entered into an oral contract with a real estate attorney to perform major renovations to the attorney’s new home which had previously been a small apartment building, the owner/attorney coxed the contractor (a friend who had performed work for him in...