Problems and disputes are inevitable, especially in construction! It’s essential to understand what all of your options are in settling these disputes. Which options are cheaper, easier, or the right fit for each situation? Are there ways to protect yourself on the...
Conceptos Básicos de la Clausula de Indemnización
Asegurarse de tomar las precauciones adecuadas de cambio-de-riesgo es un paso crucial en el proceso de construcción. Un mecanismo común utilizado en el esfuerzo de majejo de riesgos es una cláusula de indemnización; sin embargo, si no se redacta correctamente, tal...
Part 2 of the Top 10 Terms to Negotiate
The second set of contract terms that require your attention when you are reviewing the contract from your general contractor are the safety terms, bond terms, delay terms, dispute resolution terms, and lien waivers. A safety term in your contract can take many forms....
Five of the Top 10 Terms to Negotiate
Before you negotiate anything, the first thing you need to do is identify the contract documents. Typically, these include the project manual, the plans and specifications, and the terms and conditions. This information should direct you to the most important terms in...
Pay When Paid vs Pay If Paid (Continued)
In our previous blog article, about we learned about the two types of contingent payment clauses, the pay when paid vs pay if paid clauses. In this blog article, we will discuss the ways to fight each type of clause if you should find that you have already executed a...
Pay When Paid vs Pay If Paid
Contingent Payment Clauses for the Subcontractor Imagine that you have signed a contract with a new general contractor. You have worked diligently to complete the work under contract and have complied with all of the contract requirements for your scope of work. After...
Contract Documents 101: Understanding the Basics of Subcontracts
So, you’ve landed a stellar new contract, your crew and equipment are ready, and the weather is ideal to begin the work. All you have to do is sign the contract documents. You’ve done it a million times before, so you know what you’re getting into, right?
After the Flood – Legal Issues for Homeowners and Builders to Consider
In the days following Hurricane Harvey, news agencies reported only about 80 percent of homeowners in the affected areas were covered by flood insurance.[1] As a result, uninsured flooded homeowners have sought other options to repair and replace their damaged...
Performing Work for Hurricane Harvey Claims
Generally speaking, it is a good business practice to have all of the essential terms between the parties to be put into a written agreement before the work starts. But, in a situation such as the aftermath of a hurricane, that may not always be possible to do...
Dealing With an EEOC Charge of Discrimination
If you have received a notice that an EEOC (Equal Employment Opportunity Commission) Charge of Discrimination has been filed against your company by either a current or former employee, the following are tips on dealing with a Charge of Discrimination. 1. Don't...