Parties negotiating a design and construction contract for a large project will often leave for the end discussions of a few provisions that one side or the other has characterized as “deal-breakers.” Though the deal may be doomed to fail, one of the parties may also make a concession or concessions, have its bluff called, or possibly propose a creative solution that saves the agreement. In my latest column for the Daily Journal of Commerce, I provide a few suggestions for parties mired in a stalemated contract negotiation to find a way to succeed. Read the full article here.

Originally published by the Daily Journal of Commerce on February 15, 2024.