contract

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...
Worker in a trench

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

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...
OSHA inspection

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...