Legal writing is one of the most discussed topics in the practice of law, yet there are additional tools available for effective advocacy that the average attorney may be unaware. Attorney Mark Bonavitacola shares tips for brief drafting, local briefing requirements and the best way to showcase your knowledge and defend your client.
Construction Delay Claims
In many construction projects, time is of the essence. Failure to complete a project on time can result in claims of delay by either the owner, the construction manager, or the contractor against each other and, in some cases, against the lead design professional. Damages may take the form of liquidated damages, lost revenues, and claims for profit and overhead, among others. These claims focus on issues concerning the critical path of construction, requests for time extensions, response times for change order requests and requests for information (RFIs), substantial completion, punchlist items and final completion. Delay claims are complex and often arise as part of a much larger litigation requiring representation by knowledgeable construction counsel. We have that knowledge and can defend these claims for our clients.
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According to the New Jersey Rules of Professional Conduct, “a lawyer shall keep a client reasonably informed about the status of a matter and promptly comply with reasonable requests for information.” RPC 1.4(b). Not only is regular communication with the client mandatory, but it is also just good practice.