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What happens when unanticipated delays hit an ongoing project, but the contract does not contain a force majeure clause or an escalation clause? There are times when circumstances frustrate performance to the point where giving up may seem like the only option.  The novel coronavirus and COVID-19 pandemic present such circumstances. Frustration of performance, a case-law driven doctrine, may provide some relief.     1.    Finding Futility Frustration of performance is a form of rescission and provides legal excuse for not performing contractual obligations.  It is closely related to â€

We could all use a few more Yogi Berra-isms to distract us from incessant drumbeat of miserable statistics reported in the news on a daily basis.  The COVID-19 pandemic raises employment issues that require careful attention even if the construction project is classified as an exempt or essential business.  Below are 4 employment considerations in the COVID-19 era. 1.     Review and Adhere to All Jobsite Health Rules and Guidance Federal, State and local governments have issued a crazy quiltwork of jobsite health rules and guidelines that impact construction sites in Texas. Aside from soc

So, what exactly happens when you kiss today goodbye, figuratively of course, in a construction project with a liquidated damages provision?  Although the past few years of critical labor shortages in subcontractor trades have tested the ability to complete projects within the contract time and contract price, the COVID-19 pandemic presents a challenge on a completely different order of magnitude. As construction projects shut down due to illness, manpower shortage, or restrictions on travel, there are a few helpful things to know about liquidated damages clauses. 1.     Liquidated Damages

Much has been made about the $2 trillion relief bill that Congress passed and President Trump signed into law at the end of March 2020.  Though the 800+ page bill makes for some fine bedtime reading, there are three quick takeaways from CARES (Coronavirus Aid, Relief, and Economic Stimulus) Act that may have an immediate and direct benefit to the construction industry. Takeaway 1: SBA Loans The CARES Act includes a $367 billion loan and grant program for small businesses. Any business, nonprofit organization, veterans’ organization, or tribal business under 500 employees, or under the Smal