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...

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...

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...

Price Escalation

Construction industry participants—from owners down to subcontractors and suppliers—have become all too familiar with dramatic increases in the price of certain construction materials since...

Emergency Preparedness

By Christopher Scott D’Angelo OSHA sums emergency preparedness as follows: Emergencies and disasters can strike anywhere and at any time bringing workplace injuries and illnesses...

Design Build

The traditional method of project delivery consists of three distinct phases, design-bid-build, with a transition from one phase to the next only after “completion”...

Worker Shortage

Since the emergence of COVID-19 two-and-a-half years ago, the unpredicted consequences of the pandemic continue to affect nearly every industry in the United States,...

Contingency Funds

For contractors, there are three things in life that are certain—death, taxes, and unwelcomed surprises on their jobs. Surprises are often bad for the...

Ransomware Alert

By Christopher Scott D’Angelo Many contractors and other businesses do not even think about it and if they do, they think it is something only...

Clause Order

The complexity of construction projects has increased over time—with a corresponding expansion of the contract documents utilized to build the job. With this expansion...