Articles

What We Really Want from Construction Mediators and Arbitrators

What do construction professionals really want from arbitrators, mediators, and dispute review board (DRB) members? Well, ConsensusDocs is hosting a series of ConsensusDocs webinars on July 16, July 18, and…

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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…

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When Actions (May) Speak Louder Than Words: Inadvertently Altering or Waiving Contract Terms Through Course of Performance

This article discusses instances where parties’ actions during the life of a contract can influence a court’s future interpretation of the contract’s terms, or, in some cases, even waive a…

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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,…

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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…

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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…

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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.…

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When Your Scheduler Hallucinates: Managing AI Risk on the Job Site

Artificial intelligence has moved from the conference room to the construction site. Contractors are using AI-powered tools to predict schedule delays, monitor safety through drone footage, optimize equipment maintenance and…

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

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