Caldwell & Kearns, P.C.
877-490-6665 717-743-1682

Protecting clients in the most complex legal disputes

Talking of many things

"The time has come," the Walrus said,

"To talk of many things:

of shoes - - and ships - - and sealing wax - -

of cabbages - - and kings - -

and why the sea is boiling hot - -

and whether pigs have wings."

- - "the Walrus and the Carpenter," by Lewis Carroll

This blog will talk of many things connected with construction law, contract disputes, and the resolution of those disputes. But, before we begin, let's acknowledge that construction is a noble endeavor. To build something that will last, to imagine that thing, draw a blueprint, and see it actually take shape, is a worthwhile challenge undertaken on many different levels from the simplest residential project to the largest commercial one.

The common denominator with all construction projects is that they begin with a contract (written or oral) - - a legally binding promise, or, in most cases, an exchange of such promises. Construction Law Litigation

The promises are invariably made in spirit of hope, but with an acknowledgement of the ever present shadow of risk. Construction is a venture into the unknown. One federal judge famously compared a construction project to a battlefield, where unforeseen contingencies are inevitable, and the management of those contingencies determines the degree of success. The risks to be encountered can be anticipated by a study and application of past history, but there is also a need to anticipate the unforeseen. So the contract document must be cognizant of the usual pitfalls - - schedule, payment, defective work, change orders. But it must also provide for the unexpected - - termination, force majeure, dispute resolution. Which means, of course, that everyone who engages in the noble endeavor of construction needs an experienced lawyer - - the very reason, we hope, that you have come to visit us at Welcome, and best wishes on your next noble endeavor.

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