In a world of pure cooperation, if the owner of a construction project or a contractor causes a problem, the responsible party would admit fault and make amends—rendering the negotiation of a construction contract unnecessary. In our less than ideal world, owners and contractors have adverse interests, the party at fault is not always clear, and when a dispute arises, the construction contract provides a pathway to resolve it. In my latest column for the Daily Journal of Commerce, I look at several procedural provisions in construction contracts that include some form of time limitation, such as a stipulated time for a contractor to submit a claim, and provide some suggestions for parties to ensure they comply with those limits. You can read the full column here.
Originally published as an Op-Ed by the Oregon Daily Journal of Commerce on January 19, 2023.