Documentation 101
Sometimes disputes are simply unavoidable. Whether addressed at the project level or through litigation, construction disputes often involve a series of interrelated, complex issues...
Liquidated Damages
“Liquidated damages”—the term strikes fear into the hearts of contractors. Liquidated damages, or LDs as they are often called, are monetary damages imposed by...
Public Owner’s Duty to Act in Good Faith
Decision may be helpful for contractors dealing with government entities
Most contractors have worked on projects that were delayed for reasons outside their control. Many...
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....
Avoiding Common Pitfalls in Zoning and Permit Applications
Businesses and developers often apply for zoning permits and building permits from the municipalities in which they operate or wish to establish an operation....
Concurrent Delays
By Aman Kahlon
A delay is “concurrent” is a delay to the critical path of the project caused by multiple events not exclusively controlled by one...
Minority and Women-Owned Business Enterprises
Qualifications, certification process, and participation goals by state
By Laura Colca
Historically, the construction industry has been a Caucasian, male-dominated trade, from general contractors, to engineers,...
Multi-Employer Worksite Policy
Most contractors and subcontractors understand that the federal Occupational Safety and Health Act (OSHA) requires virtually all employers to maintain safe workplaces for their...
Critical Provisions
Pay-if-paid and pay-when-paid provisions and their legal effect can have critical consequences for contractors on construction projects when an owner becomes insolvent or fails...
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....









