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Volume 6 - Number 35 | September 8, 2008
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EDITOR'S NOTES
Money. For most people, it’s the driving force to go to work every day. Without money, bills don’t get paid and some of the basic necessities of life won’t be met. If an employer is late delivering paychecks or in the case of two of this week’s case summaries, progress payments, a chain reaction of problems is bound to ensue. In this week’s first case, the Corps of Engineers withheld substantial amounts from progress payments under the guise of “constructive withholdings,” prompting the contractor to file a Prompt Payments Act claim against the Corps.
In the second case, a dispute between an individual and the contractor he hired to build a home opens up a discussion on the limitations of a lien waiver for progress payments as it relates to change orders for additional work.
And lastly, a contractor suggests that an arbitrator who failed to properly disclose past involvement with one of the arbitrating parties may have influenced the arbitration’s binding decision. An appeals court ruled otherwise.
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