In this author’s experience, the most effective contract terms are those that mirror the parties’ business expectations and negotiations and allocate risk in a fair and balanced manner. Some advocates treat contract...more
2020 is now behind us, and we have reason for a positive outlook for 2021. However, delays and impacts due to COVID-19 and other factors in 2020 will likely continue into 2021, and claims and disputes over relief will likely...more
Many of our readers are aware of the ConsensusDocs family of construction industry contract templates from prior articles in this newsletter as well as our seminars to clients and industry groups. These templates have been...more
Hopefully you had a great holiday break and are now back to work refreshed and ready to seize new opportunities in 2019. Many of our clients take time early in the year to review their body of contract templates to evaluate a...more
...The design professional may want to consider recommending to the owner/client an appropriate scope for site investigation. If scope is limited due to budget, that should be documented. The design professional may want to...more
Welcome to the spring 2018 edition of our Under Construction newsletter. We hope 2018 is off to a good start for you and your company.
We start this issue with an article providing some practical solutions to common legal...more
3/21/2018
/ Airspace ,
Commercial Use ,
Construction Contracts ,
Construction Disputes ,
Construction Industry ,
Construction Litigation ,
Construction Project ,
Drones ,
Homeowners Association (HOA) ,
Mediation ,
NV Supreme Court ,
Unmanned Aircraft Systems
Letter from the Editor -
Welcome to the final 2017 edition of our Under Construction newsletter. It is hard to believe that 2018 is right around the corner!
In this issue, we highlight several topics affecting the...more
12/11/2017
/ Commercial General Liability Policies ,
Construction Contracts ,
Construction Industry ,
Construction Project ,
Deadlines ,
Endorsements ,
Insurance Industry ,
Liquidated Damages ,
No Damage For Delay ,
Prevailing Wages ,
Prompt Payment ,
Public Projects ,
Required Documentation ,
Wage and Hour
Welcome to the fall 2017 edition of our Under Construction newsletter. We hope your summer has left you relaxed and refreshed to make the final push to successfully finish out the remainder of the year.
In this issue, we...more
9/7/2017
/ Attorney's Fees ,
Breach of Warranty ,
Change Orders ,
Construction Contracts ,
Construction Industry ,
Construction Project ,
Contract Terms ,
Delays ,
Implied Warranties ,
Jurisdiction ,
Non-Signatories
Welcome to the summer 2017 edition of our Under Construction newsletter. In this issue, to accompany the summer heat, we highlight several hot topic items affecting the construction industry, such as the recent revisions to...more
Letter from the Editor -
Welcome to the spring 2017 edition of our Under Construction newsletter. We hope 2017 is off to a good start for you and your company.
An issue that seems to commonly come up in cost-plus...more
3/20/2017
/ Appeals ,
Arbitration ,
Building Information Modeling (BIM) ,
Commercial Insurance Policies ,
Construction Contracts ,
Construction Industry ,
Contract Terms ,
Critical Infrastructure Sectors ,
General Contractors ,
Good Faith ,
Promissory Estoppel ,
Proposed Legislation ,
Real Estate Development ,
Subcontractors ,
Termination for Default ,
Trump Administration ,
Waivers
Welcome to the winter 2016 edition of our Under Construction newsletter. We hope your year has been good to your family, your company and you as we wrap up these remaining few weeks of 2016.
A recent hot topic with...more
12/8/2016
/ Arbitration ,
Arbitration Awards ,
Collective Bargaining ,
Construction Defects ,
Construction Industry ,
Construction Liens ,
Department of Transportation (DOT) ,
Design Professionals ,
Dispute Resolution ,
Federal Contractors ,
Financial Statements ,
General Contractors ,
NLRB ,
Payment Bonds ,
Public Works ,
Statute of Repose ,
Subcontractors ,
Unions ,
Waivers
Letter from the Editor -
Welcome to the Fall 2016 edition of our Under Construction newsletter. We hope your summer has left you relaxed and refreshed to successfully finish out the remainder of the year.
Most...more
9/8/2016
/ Caltrans ,
Commercial Leases ,
Construction Contracts ,
Construction Industry ,
Contract Disputes ,
Contractor's License ,
Contractors ,
Denial of Insurance Coverage ,
Department of Defense (DOD) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Infrastructure ,
Insurance Claims ,
Insurance Industry ,
Landlords ,
Licensing Rules ,
Property Improvements ,
Redeterminations ,
Tenants
Welcome to the June 2016 edition of our Under Construction newsletter. Hope you are staying cool this summer.
Are you legally operating your drone on the construction site? In our Winter 2015 Under Construction...more
Use of unmanned aerial vehicles (UAV) and unmanned aircraft systems (UAS) (aka drones) in construction is rapidly increasing and expanding. Drones have been and can be used for a variety of functions, such as imaging (i.e.,...more
In its last session, the Arizona legislature amended the statutes governing Purchaser Dwelling Actions, A.R.S. 12-1361 et seq., and Homeowner Association Dwelling Actions, A.R.S. 33-2001 et seq., relating to claims against...more
Letter from the Editor -
Welcome to the summer edition of our Under Construction newsletter. In this issue, we highlight several hot topic items affecting the construction industry such as what happens when the...more
6/15/2015
/ Amended Legislation ,
Appeals ,
Architects ,
Construction Contracts ,
Construction Defects ,
Construction Industry ,
Construction Liens ,
Contractors ,
General Contractors ,
Liens ,
Little Miller Act (LMA) ,
Payment Bonds ,
Performance Bonds ,
Public Projects ,
Service of Process ,
Subcontractors ,
Subcontracts
All work and no pay making you crazy? A temporary suspension of work may be an appropriate self-help remedy for an owner’s or contractor’s non-payment. Although termination of the contract for the material breach of...more
Welcome to the spring edition of our Under Construction newsletter. There have been some interesting legal changes that have taken place recently with the potential to significantly impact the construction...more
3/13/2015
/ Business Disruption ,
Change Orders ,
Common Ownership ,
Construction Contracts ,
Construction Defects ,
Construction Industry ,
Construction Liens ,
Construction Workers ,
Damages ,
Delay Claims ,
General Contractors ,
Indemnification ,
Legislative Agendas ,
Mediation ,
Performance Bonds ,
Subcontractors ,
Tax Exemptions ,
Transaction Privilege Tax ,
Work Suspensions
Many claims that arise in design and construction may be mitigated or avoided as a result of prudent contract drafting at the outset of the project. This article provides practical tips for drafting contracts to minimize or...more