Contractor Cannot Sue Project Engineer as Owner’s Agent on Implied-in-Fact Contract. Signing Check that contained the words “Final Payment” Constituted Accord and Satisfaction

Contractor for a wastewater treatment plant sued the municipal owner and its project engineer for breach of contract for interfering with its work by failing to obtain easements in time for the contractor’s construction work to proceed. Although the contract was, on...

Do You Really Want to Cash that Check?

Everyone involved in construction contracts is concerned about payment.  Owners generally refuse to pay general contractors until they have secured lien releases; general contractors are hesitant to pay subcontractors until specific blocks of work have been completed;...