Essential Construction Contract Terms
The importance of a well-crafted construction contract cannot be overstated. As Murphy’s Law states, if something can go wrong, it will. The best way...
Protection Liability
Vetting commercial general liability protection against construction defect claims
There is nothing new about general contractors including terms in their subcontracts that require subcontractors to...
“As-Built” Documents
By William S. Thomas
Current versions of the American Institute of Architects (AIA) family of contracts address responsibility for preparation of project documentation which reflects...
Welcome to the Party: Risk Sharing in Construction Defect Disputes
Construction disputes can arise from virtually any aspect of the construction process, from scheduling to payment to alleged construction defects and completed work, and...
Concurrent Delays: What Are They and How Are They Addressed?
Delays in the completion of a construction project result in added expense and potential delay damages for both the owner and contractor. There also...
Consider a Red Team
Contractors seek out projects, bid and bargain for them, and once awarded, staff and manage them, close them out, then repeat the process. What...
Watch Your Language
Avoiding the High Costs of Delays
Schedule delays, and their concomitant costs, are an unfortunate reality for many construction projects. For the project owner or...
Avoid Lack of Privity
Express third-party beneficiary clauses
By Alexis Hailpern and Danielle Waltz
The emergence of modern and specialized inclusions on projects creates an environment where contractors are inundated...
Preparing for an OSHA Inspection 101
When it comes to OSHA inspections, preparation is critical. Figuring out what to do (and who should do it) only after an inspector arrives...
Are Broad Risk-Shifting Provisions Concerning Site Conditions Enforceable?
Contractors often bid projects based solely on information provided by owners and after only a limited site investigation. Yet, owners often use broad risk-shifting...









