Construction and Design

Subscribe to Construction and Design via RSS

Mediation doesn’t just turn on contracts, case law, or the strength of your facts. Just like “dark matter” shapes the universe without being seen, unseen forces often shape the outcome of settlement talks.

After years of helping clients resolve disputes, one thing is clear: if a party’s position seems illogical based on the visible merits…

Construction contracts are rarely “standard”—and even routine-looking terms can carry major consequences when something goes wrong. After two decades of resolving construction disputes, one pattern is clear: overlooked clauses at the signing table often resurface as major problems in litigation.

Among the most frequently misunderstood is the third-party beneficiary (TPB) clause. This seemingly minor provision…

Limitation of liability (LOL) clauses are a standard fixture in contracts involving architects, engineers, and other design professionals—particularly because these parties often have limited assets and depend on such provisions to manage risk. However, Washington legal authority suggests these clauses may not offer the ironclad protection many expect.

While LOL clauses can shield design professionals…

Developers, owners, and contractors would all be wise to take note of Senate Bill 426, currently under consideration in the Oregon legislature.

SB 426 addresses wage theft in the construction industry.  If enacted, it would impose joint and several liability on the owner and prime contractor for unpaid employee wages – including fringe benefits…

Key Considerations in Subcontract Negotiations

Negotiating subcontracts presents challenges for both general contractors and subcontractors. General contractors must balance responsibilities to owners and subcontractors while managing risk. Subcontractors, often with limited negotiation power, should focus on key risk-shifting provisions.

Prime Contract Role
Subcontracts often include “flow down” clauses, requiring subcontractors to assume general contractor obligations.

As 2024 approaches, developers, builders, and designers are urged to reassess their insurance strategies, as coverage mistakes can lead to severe denials during claims. Key pitfalls include relying on standard insurance forms, informal broker assurances, and neglecting to scrutinize policy endorsements. Best practices for effective risk management involve securing proof of insurance via actual policy…

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…