Weather considerations

Planning for Weather Delays

As hurricane season is fast approaching for many states along the United States eastern seaboard and in the south, inclement weather will soon be...
Contractor Designer

What to Do When the Contractor Is Asked to Become the...

On a traditional Design-Bid-Build job, the contractor’s primary role is to implement a design provided to it by the owner, which has typically used...
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...

Standard of Care

By William S. Thomas These words by artist, architect, and designer Eero Saarinen—always design a thing by considering it in its next larger context—challenge modern...

Panacea or Pariah?

The ever-evolving construction industry landscape forces contractors, design-build firms, and design professionals to seek innovative ways to enhance efficiency, reduce costs, and remain competitive...

“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...

Where-Oh-Where?

Validity of Forum Selection Clause in Construction Contract Goes to Supreme Court. Sophisticated parties to a construction contract will often negotiate the manner, location, forum,...
Change Orders

Change Orders Are Inevitable; Managing Them Effectively Is Not

For contractors, the normal instrument of change on a construction project is the “change order.” When entering into a contract to build or design/build...

Technology and the Law

Can Digital Signatures or Emails Be Used to Create a Valid Contract? Last month, we addressed the question of whether there are limits to what...
What Makes A Good or Bad Arbitrator?

What Makes A Good or Bad Arbitrator?

As a member of the construction industry, at some point during your career, you will likely engage in arbitration. Arbitration provisions are prevalent in...