Construction Claims

Prosecution and defense of claims for extra compensation has become the industry norm. No firm in Idaho has more experience or a better record than Blewett Mushlitz Hally.

We know the difference between a Cat 988 and a JD 550; we understand your CPM or Gantt Chart; know the difference between a gradation test and the Idaho Deg.; we are steeped in the Idaho Standards for Public Works Construction and cite Idaho’s Standard Specifications for Highway Construction from memory.

We know and have applied the “Idaho Rule” for differing site conditions. We wrote a favored jury instruction offering various limiting conditions for collection of liquidated damages for project delay.

We procured what is believed to be the first award against an Idaho public owner for devastating a contractor’s business by nonpayment of sums justly due.

We successfully prosecuted two of the largest defective highway specification claims in the state. Our clients were paid.

We have successfully defended extensive bond claims; on one particular counterclaim, we recovered a multimillion-dollar award for our surety client.

We prosecuted the seminal case interpreting Idaho’s new public bidding statute, ultimately resulting in successful argument of the bidding dispute case before Idaho’s Supreme Court.

Most modern construction contracts call for arbitration of disputes. We practice regularly before the American Arbitration Association. We know the AAA case administrators by name. We have prosecuted and defended claims in federal and state courts, in arbitration, at mediation and in voluntary negotiation; and we have done so successfully.

Practice Areas

$3.9 million paid on mediation of defective specification claim

$1.34 million collected from tribal subcontractor

$1.35 million paid on settlement of commercial development suit

$4.95 million federal court jury verdict confirmed on 9th Circuit appeal

$2.93 million arbitration award on highway project

$1.7 million commercial award confirmed by Idaho Supreme Court

$1.07 million collected on defective specifications claim

$1.25 million aid on differing site conditions claim

Practice Areas

$3.9 million paid on mediation of defective specification claim

$1.34 million collected from tribal subcontractor

$1.35 million paid on settlement of commercial development suit

$4.95 million federal court jury verdict confirmed on 9th Circuit appeal

$2.93 million arbitration award on highway project

$1.7 million commercial award confirmed by Idaho Supreme Court

$1.07 million collected on defective specifications claim

$1.25 million aid on differing site conditions claim