Articles

What You Should Know About Liquidated Damages and Liability Caps for Delay and Performance Liquidated Damages

Liquidated damage clauses are omnipresent in today’s construction contracts—often considered in early negotiations to provide a degree of certainty and limit financial liability. There are two principal types of LDs…

Read More

When Construction Defects Appear, Don’t Choose Between Rebuilding and Building Your Case

By: Curtis Martin Co-Managing Partner, Peckar & Abramson. When construction defects occur during construction, they intensify pressure from a schedule that may already be tight.  Defects must be analyzed, confirmed,…

Read More

When do hard-nosed negotiations become coercion? Or, when should you feel unlucky?

By: Stan MillanJones Walker, LLP   “You can’t go to a negotiating table pointing a gun, but you’ve got to keep it over your shoulder.” Joe Slovo   Conflict in…

Read More

When Is the Price Right? Setting the GMP for Design-Build 

When contracting for design-build, ConsensusDocs offers options. The ConsensusDocs 410 Design-Build Agreement [Cost of the Work with a Guaranteed Maximum Price (GMP)] is the most popular within ConsensusDocs. Contractually, the…

Read More

When the Contractor’s Right to Offset Gets Nixed by the State

By: Lauren P. McLaughlin, Esq. & Raziye Andican, Esq. Smith, Currie & Hancock LLP. Disputes frequently arise at the end of a project between subcontractors and general contractors regarding offset.…

Read More

Why Specialty Contractors Need to Know the Difference Between AIA and ConsensusDOCS Contracts

Read More

Withholding Payment or Having Your Payment Withheld Due to Disputes on Other Projects: Know Your Rights to Offset

By: Christopher C. Broughton Associate, Jones Walker LLP. Introduction The right to offset refers to the common sense ability to reduce or eliminate your payment obligations to a party who…

Read More

You Are on Notice

Failure to Comply with Contractual Notice Provisions Can Be Fatal to Your Claim Imagine your firm is the construction manager on a multi-million-dollar project. At the end of the project…

Read More