Emily Di Bratto

Mar 26, 2024 | mondaq.com | Mark St. Cyr |Stephanie Garraway |Andrea Gorys |Emily Di Bratto

KEY TAKEAWAY: Unless your contract has a clear and comprehensive "no waiver" provision, your conduct (and the conduct of the other parties to the contract) can amount to a waiver of the contract's terms and conditions. Throughout the course of a construction project, all parties should be mindful that their conduct can act as a waiver of certain contractual terms.

Mar 1, 2024 | mondaq.com | Mark St. Cyr |Stephanie Garraway |Zach Flemming-Giannotti |Emily Di Bratto

KEY TAKEAWAY: A payor that has made one or more payments "under protest" during a construction project may recover those monies later, including after completion of the work. To recover such monies, a payor should obtain a formal reservation of rights agreement.