Documentation 101

Sometimes disputes are simply unavoidable. Whether addressed at the project level or through litigation, construction disputes often involve a series of interrelated, complex issues...

Liquidated Damages

“Liquidated damages”—the term strikes fear into the hearts of contractors. Liquidated damages, or LDs as they are often called, are monetary damages imposed by...

Public Owner’s Duty to Act in Good Faith

Decision may be helpful for contractors dealing with government entities Most contractors have worked on projects that were delayed for reasons outside their control. Many...

Pass-Through Agreements

Maximize chances for recovery By Christopher S. Drewry The shift of a project dispute into claim mode can significantly alter the dynamic of the project participants....

Avoiding Common Pitfalls in Zoning and Permit Applications

Businesses and developers often apply for zoning permits and building permits from the municipalities in which they operate or wish to establish an operation....

Concurrent Delays

By Aman Kahlon A delay is “concurrent” is a delay to the critical path of the project caused by multiple events not exclusively controlled by one...

Minority and Women-Owned Business Enterprises

Qualifications, certification process, and participation goals by state By Laura Colca Historically, the construction industry has been a Caucasian, male-dominated trade, from general contractors, to engineers,...

Multi-Employer Worksite Policy

Most contractors and subcontractors understand that the federal Occupational Safety and Health Act (OSHA) requires virtually all employers to maintain safe workplaces for their...

Critical Provisions

Pay-if-paid and pay-when-paid provisions and their legal effect can have critical consequences for contractors on construction projects when an owner becomes insolvent or fails...

Insurance Contract Terms

By Luke J. Farley and Dixie T. Wells One of the most important functions of a construction contract is to allocate risk between the parties....