Articles

The Basics of Subcontractor Defaults – Key Considerations

By: Gerard J. Onorata Partner, Peckar & Abramson, PC. The success of general contractors in completing a construction project is often dependent upon the performance of their subcontractors.  General contractors…

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The Benefits of Parallel Proceedings When Involved in a Complex Construction Arbitration

Most construction disputes are resolved, not in a court of law, but in an arbitration proceeding in which experienced, construction attorneys and other construction professionals work diligently, examine the evidence,…

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The Cardinal Change Doctrine

A fundamental principle of contract law is that one party cannot unilaterally change the terms of the agreement.  Nevertheless, most construction contracts include provisions allowing the owner to unilaterally change…

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The Clock is Ticking: Construction Delays and Liquidated Damages

With the on-going shortage of construction workers in the industry and other factors ranging from weather to procurement problems, the threat of project delay is real.  When a contract contains…

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The ConsensusDocs 10-Year Milestone

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The Consequences of Consequential Damages In Construction Contracts

Whether it is an owner, contractor, or subcontractor, when construction entities enter into contracts their general focus is typically on a few interrelated goals: completing the project on time, within…

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The Contractor’s Contingency: What Contractors and Construction Managers Need to Know and Be Wary Of

Contractors and construction managers who enter into cost reimbursable contracts subject to a guaranteed maximum price (GMP) are responsible for all project costs exceeding the GMP. For this reason, it…

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The Cost of Allocating Design Risk to Contractors

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The Cross-Party Exclusion: The Hazards of Additional Named Insured Provisions

By: Laurie A. Stanziale Partner, Fox Rothschild LLP. Most construction contracts contain insurance provisions setting forth the insurance required of the contractor or other downstream parties.  Some provisions are detailed and lengthy while others are…

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