Construction project owners, contractors, and design professionals sometimes fall into the trap of not giving careful consideration to the risks specific to a given project and will wait until an actual dispute arises before closely analyzing the dispute resolution provisions in a design or construction agreement. In my latest article in the Daily Journal of
New Federal Rule Banning Noncompetes May Impact Construction Industry
In late April, the Federal Trade Commission issued a final rule, effective on September 4, 2024, that banned nationwide noncompete clauses—generally a binding contract that prevents a worker from competing with an employer after they leave its employ. In my latest column for the Daily Journal of Commerce, I look at some of the
Drafting Real Estate Documents With Project Permitting in Mind
In the world of real estate development, parties creating and negotiating real property documents—leases, easements, or purchase agreements—must exercise a great deal of care to ensure that the documents perform exactly their intended function at the time they are operative. Careful drafting can serve another end—to anticipate the developer’s future engagement with the relevant permitting
License to Build: The Importance of License Terms in Design Agreements
For all their exposure to the plans, drawings, and related design documents needed at all stages of a construction project, owners and contractors, as well as many highly experienced practitioners involved in development and construction disputes, are only vaguely familiar at best with the law that governs ownership and use of architectural works. Architectural drawings
Subleasing: A Real Estate Strategy in a Post-Pandemic Economy
Originally published by the Daily Journal of Commerce on March 5, 2024.
In the ever-evolving landscape of business, flexibility is paramount. The recent widespread adoption of remote work has led companies across the country to shed office space. As companies navigate changes in market dynamics, the ability to flexibly manage real estate assets becomes increasingly valuable.
5 Keys to Early Mediation Success When Project Disputes Arise
Purchase agreements for construction, development, or real estate-related projects frequently offer parties the option of early mediation for settling a dispute before proceeding to arbitration or court litigation. While in my experience early mediation sessions tend to fail, additional mediation sessions held months later have a better chance of succeeding. In my latest column for
The Role of Liquidated Damages Provisions in Construction Contracts
The glue that holds together a construction project—an undertaking that can be massive, with millions of dollars at stake and the coordination of thousands of people required—is the construction contract, the primary purpose of which is to provide a path for parties to apportion the risk involved in any construction at the front end of
Contract Drafting Tips for Rooftop Solar and Carport Solar Leases
Adding solar energy facilities to a rooftop or a parking lot can put developed land to even more productive use while creating value for a property via a new revenue stream—rent payments—or from the energy savings and environmental benefits realized by using the generated power on site. Though similar to typical commercial leases and to
Don’t Let Disputed Change Orders Derail Your Construction Project
A fact of life for those involved in construction projects, change orders can be a challenge even when the owner and contractor agree on the scope, price, and schedule impacts associated with the change but much more difficult when the parties disagree on those terms. Options available to resolve a dispute include handling it in
On Notice: Why Notice and Claim Procedures in Construction Contracts Matter
Construction contracts generally outline when and how contractors should notify parties about potential claims for additional compensation and/or time. These provisions are intended to provide project stakeholders with the information necessary to address unforeseen circumstances and streamline claim resolutions within the project rather than resorting to legal actions. However, in some cases, the contract provisions