Articles

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,…

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…

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…

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.…

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…

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

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…

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…