Design professionals who engage directly with the design-builder or contractor and provide services to a construction project’s design need to be aware of the potential liabilities embedded in the contracts and other legally binding documents they sign. ...
The pricing model selected to determine the cost of the project is arguably the most important decision the parties will make. Not only does the pricing structure determine the project cost, but it also imposes substantially different responsibilities and opportunities...
Contractors regularly sign releases during the project performance that handicap their ability to collect any additional performance costs. If releases are not carefully worded, they can give away more than the contractor intended and later prevent it from pursuing...
Teaming agreements are often used in larger, more complex public construction projects, in which a public entity issues a project solicitation open to public bidding. Given the uncertainty of whether the primary contractor will be awarded the contract, it may seek...
It may not be difficult to find an expert witness for your construction case, but it can be hard to find the right one. Working with an expert can provide an attorney with a valuable and different view of the dispute, but the attorney must be willing to consider...
A project owner confronted with a contractor that defaults on its contract obligations may be tempted to simply terminate the contractor, but this is an extreme remedy that can ultimately increase the time and expense of the project. It’s important for a...
Depending on the contractor’s role and project dynamics, counsel to a general contractor can be called upon to deal with everything from contract negotiation to dispute resolution. Learn the ins and outs of providing effective counsel to a general contractor...
Colorado is nationally recognized as one of the leading states in the battle against climate change. As more states and localities consider climate change legislation, it can be helpful to look to Colorado as a possible bellwether. Read now » Related...
Once a construction project begins, changes are inevitable. Learn to anticipate and deal with these changes through proper planning and contract drafting. Read now » Related Content Changes in Work Clause (Construction Subcontract Agreement) Include...
A liquidating agreement is a settlement agreement between parties that includes an agreement to pass through some or all of the claims to a third party. In the construction sphere, liquidating agreements are often executed between the general contractor and a subcontractor...
Effective defense of design and construction defect claims requires defense counsel to be strategic and proactive. Learn to manage expert witnesses, discovery and depositions, and more. Read now » Related Content Selecting, Hiring, and Working with...
Most states have enacted prompt payment acts (PPAs) requiring payment by owners and contractors in construction contracts within specified time periods. Find out which states have enacted PPAs for private construction projects and how they operate. Read now »...
The liquidated damages clause is a key component of most construction contracts, but the clause must be carefully drafted to ensure enforceability. Learn to avoid common pitfalls when drafting and interpreting liquidated damages clauses. READ NOW » Related...
Find everything you need to draft and negotiate your client’s next subcontract with confidence and ease. Read now » Related Content Construction Subcontract Agreement Use this template to draft your next construction subcontract agreement. ...
Arbitrator selection for a construction dispute, whether for a panel or a single arbitrator, is a critical decision with a seemingly infinitesimal number of considerations and possible approaches. Nevertheless, this process can and should be approached with a reasoned...