Contract Language: Force Majeure Clause and its Definition

By Diana Parks In the event COVID-19 takes a toll on the American workforce and directly affects U.S. construction projects, know what’s defined in your...
minimizing risk

Contracting to Minimize Risk

Most sophisticated parties want to avoid lawsuits because they understand that such disputes may be detrimental to a project and end up causing everyone...
thumbs up

PELs Prosecution Raises Specter of Broader GDC Enforcement

For more than two decades, the Occupational Safety and Health Administration (OSHA) has been thwarted in its desire to update the Permissible Exposure Limits...
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...
The benefit of mediating

The Art of Mediation

Most modern construction contracts include some kind of dispute resolution provision. Because many in the construction industry favor arbitration in lieu of litigation, arbitration...

Liquidated Damages Clauses

Where a contractor has been delayed by an owner (or by a third party for whom the owner is responsible), that contractor may be...
Building Green

Building “Green”

The environmental “green” movement has infiltrated all aspects of daily life. The mantra “reuse, reduce, and recycle” has become commonplace … from schools to...

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....
contract changes

Have our Contracts Become too One-Sided?

Times have changed. We all recognize it. They have changed in the way we interact with people, in the way we do business, engage...

Project Schedules

Being able to recreate to isolate specific events By Aman Kahlon Despite many construction disputes centering around schedule delays, maintenance and updating construction schedules remains one...