Volume 24, Issue 10 - June 1, 2026
Editor's Notes - Case Summaries
Individuals enter into business associations for a variety of good reasons. One is the limitation of personal liability. Corporations, limited liability companies and limited partnerships all offer this advantage. But when conducting business, individuals must be careful. When signing any document, the individual should include their title and name of the business entity they represent.
The managing member of an LLC accepted an electronically transmitted proposal from a contractor. The individual apparently did not notice that the signature block read “Individually and Managing Member.” The individual was personally sued for payment under the contract. See: Consolidated Construction Co., Inc. v. Gridiron Entities, LLC and Brian Johnson.
The other case in this issue involves filed sub-bids on public works projects. While these trade contracts are tied to sections of the contract specifications, they may incorporate by reference other work that is outside of the trade. A drawing listed in the mechanical specifications depicted elements of site improvement work. See: Costa Brothers Masonry, Inc. v. Town of Hingham.
Top Ten Owner Concerns - Part 1
Contractor concerns include cost, labor market and supply chain mishaps. Owner concerns include schedule, quality and budget. At a Construction Superconference a few years back, a popular session was "Things Owners Hate to See From Contractors, Subs and Sureties, and What Some Owners are Doing About it." In Part 1 of this 2-part article, we summarize the "...to See" part. Part 2 will address what owners are doing about it back then.
Webinar Summary Report - The Role of Soils
Webinar summary report: The Role of Soils in the Construction Process: From Site Investigation to Claims, recaps the importance of site investigations during the bidding process, then following through on contract award, contract/documentation management and what you need to do if a claim in in the works. This week's report is based upon a webinar produced by Tom Frisby and Bob Humphries, with unique insights not found in many differing site conditions webinars. Click here to download the report.