Dear YouDig? Archives

Smart Contracts – Don’t be a big dummy

By John Swansinger, Partner in the Real Estate and Construction Practice Group at
Buckingham, Doolittle & Burroughs

Dear YouDig?

The general contractor who is building the expansion of our new auto dealership has kept the schedule and finished most of the work. We have stayed open throughout construction and are thrilled to open the new space soon.  Unfortunately, there are some straggler subs still finishing during the overnight hours when we are closed.  These dudes persistently dump their debris in our dumpster and leave it there for us.  Every morning we drink our coffee while grumbling next to an overflowing dumpster!  Every day we empty their trash.  Do they think there is some big dummy around to pick up after them?  Wait a minute … am I the big dummy? AM I????

Sincerely,
Big Dummy

Good Vibes and Master Service Agreements

Prevailing Party Provisions in Construction

Dear YouDig?

After five long years, my company just won an arbitration award ordering a contractor to pay us seven figures in damages that we incurred in replacing their faulty work on our plant. It was clear that they were at fault from day one. They had the money to pay, yet they dragged the case on and on and on. Our wisecracker management team branded the case “The Joke.”   We had numerous managers and staff tied up working on The Joke. The Joke was the oldest item on our agenda. We spent countless hours talking about The Joke. We tried with all of our might to settle The Joke. We incurred high six figures in legal fees trying to win The Joke, which our lawyer says we can’t recover.  What could we have done to prevent The Joke from being on us in the end and getting stuck with absurd legal fees to win a ridiculous case?

-Funny Not Funny

Man Sad – Contract Termination

Dear YouDig?

I was walking around a local outdoor mall recently and came upon a friend and his three-year-old daughter. After chatting for a bit, the three-year-old looked at my friend and said “Man sad.” The little girl was spot on. I own a general contracting company and the owner suddenly terminated us today, supposedly “for cause.” Something about lacking confidence in us. We have an AIA Contract with the owner. We feel wronged. Do we have any options?

– Man Sad

Stories and Money

Dear YouDig?

A few years ago, out of college, I passionately pursued and attained a career in construction technology and have been doggedly working my way up the industry ladder ever since.  We sell a mobile software product that is a lock to drastically improve information management, quality, speed and overall project performance but no one will listen to me!  Seems everyone in construction is old and gray and stuck in their own ways.  It is a massive struggle and I am considering bartending, Uber or even fast food! What say you?

-Chips With That?