Contractor’s Considerations When Addressing Dispute Resolution Provisions

Important considerations exist for contractors when negotiating contract terms pertaining to dispute resolution. In addition to litigation through court, other alternative dispute resolution options...

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....
difficult parties

Dealing with Difficult Parties on a Project

If you have been involved in the construction industry for any substantial amount of time, you have likely encountered an individual or an entity...
Employee Misconduct

Unpreventable Employee Misconduct: Series on the Affirmative Defense

By Anthony M. Kroese, Esq. and Samantha V. Catone, Esq. In the final part of this four-part series on the “unpreventable employee misconduct” defense to...

Revised Cost-of-Work Agreement

ConsensusDocs has revised its short form agreement popular for small and medium-size projects.  The ConsensusDocs Coalition was founded in 2007 under the leadership of 20...

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...

It’s Miller (Act) Time

No contractor wants a payment dispute, but they’re a fact of life for many construction professionals. Lien clams provide one of the most powerful...

“Shoulda, Coulda, … OSHA-Style”

The Occupational Safety and Health Act defines what is needed for OSHA to prove a serious violation in court. The Act states: “a serious...

Let’s Be Clear

The goal of contract drafting is to create a written instrument that leaves no doubts regarding the parties’ obligations; however, construction contracts often contain...
Unpreventable employee misconduct

Unpreventable Employee Misconduct: Series on the Affirmative Defense

Part 3 of 4: Self-Inspection By Anthony M. Kroese, Esq. and Samantha V. Catone, Esq. In parts one and two of this four-part series addressing the...