Construction Contracts

Subscribe to Construction Contracts via RSS

There are inherent risks in proceeding to trial by jury. Juries are often unpredictable, and civil litigation also requires extensive discovery and motions practice, which can delay resolution and increase uncertainty and costs. Arbitration has long been accepted as the answer to these problems. But the changing nature of disputes, increasing costs and inefficiencies have…

In the haste to get design and construction moving on real estate projects, one may lose sight of important lien priority issues when negotiating and executing contracts. In my recent article for the Daily Journal of Commerce, I discuss a notable Washington appellate case that addresses a lien priority issue in the context of…

Complex construction projects carry complex problems as they approach completion. In my recent article for the Daily Journal of Commerce, I address 10 potential pitfalls that owners, contractors and design professionals may encounter, and I offer tips to help you prepare for them.

Read the full article here.

“Finishing Strong vs. Finishing Wrong:…

When terminating a contract, you want to have a high degree of confidence that termination is justified and done properly. In my recent Daily Journal of Commerce Construction column, I outline 10 important considerations in navigating this high-risk terrain.

Read the full article here.

“10 Important Termination Considerations” was originally published on Feburary 20,…

In my recent article “Put in Writing When the Clock Starts Ticking,” I discuss how varying intrepretations statue of limitations can affect your business. Setting your own time limits on claims in your construction contracts can help you manage risk.

Read the full article here.

“Put in Writing When the Clock Starts Ticking” was…

When preparing construction and design contracts it is not uncommon for parties, in their haste,  to cut corners in regards to legal formalities.  To do so, however, can bring unexpected legal risks.

In the latest issue of the Daily Journal of Commerce, I discuss some of the categories of legal formalities in which all…

In my latest Daily Journal of Commerce Construction column, I discuss insurance jargon in contracts and use Commercial General Liability or “CGL” policies as an example.  The terms “bodily injury,” “personal or advertising injury,” and “property damage” all have specific meanings in CGL policies.  Since this language is not always intuitive, it is best to…

In my latest Daily Journal of Commerce Construction column, I discuss Oregon’s new 5% retention rule. Parties negotiating construction contracts should stay mindful of how the new retention provisions may force changes to other contract and how such changes may affect all parties throughout construction of the project.

Read the full article at the Daily Journal …