Construction contracts are often loaded with industry and legal jargon, making them tough for nonlawyers to understand. Even though there’s a push for simpler legal language, lawyers are hesitant to let go of traditional terms. This reluctance means complex legal language will likely persist in construction contracts.
Commonly Misunderstood Legal Terms in Construction Contracts:
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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 the multifamily market rebounds (hopefully) in 2025, potential new tariffs on materials like steel, lumber, and appliances are raising concerns for developers and contractors alike. Many clients question how to address price escalation risks arising from tariffs in their standard fixed price (FP) and guaranteed maximum price (GMP) contracts, including under changes-in-law clauses, allowances
Arbitration agreements have become commonplace in construction contracts. As a result, a significant portion of construction disputes are resolved privately through arbitration rather than in public courts.
Arbitration has many benefits ranging from cost savings and faster resolutions to a private forum that keeps disputes from spilling out into the public arena to adjudication by
Stoel Rives is excited to announce the 2024 update of The Construction Lien in Washington: A Legal Analysis for the Construction Industry, first published in 2015. This comprehensive guide covers recent case law, statutory changes, and critical lien procedures. It serves as an essential resource for contractors, developers, attorneys, and other industry professionals navigating
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
Join me on October 8, 2024, for a webinar hosted by Terner Center for Housing Innovation and the Land Economics Society (LAI) that will explore the intersection of construction defect liability and homeownership. This webinar will delve into the challenges posed by construction defect liability laws on the development of condominiums in California, which have
Expired construction liens can create unexpected headaches for property owners, even after they are no longer enforceable. These liens, while initially protecting contractors and suppliers, can linger in the property records and complicate transactions like sales or refinancing. Different states have varying processes for clearing these expired liens from the chain of title, ranging from
Are you a construction industry professional seeking to stay informed on the latest legal and industry developments? Join me and my Stoel colleagues Mario Nicholas and Zachary Davis who will be presenting at the 29th Annual Oregon Construction Law Seminar on Thursday, September 12, 2024. Hosted by The Seminar Group, this one-day event at Stoel
The new RCW 39.04.360, effective June 6, 2024, outlines protections and payment assurances for contractors, subcontractors, and suppliers involved in public and private construction projects in Washington. This statute mandates timely issuance of change orders for undisputed additional work, imposes interest on delays, and clarifies the rights of aggrieved parties to seek appropriate relief, including