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Recent Posts

WHICH CONSTRUCTION CONTRACT SHOULD I USE?

Posted on 18 October, 2016
In the previous article I posted a chart that includes a side-by-side comparison of common risk allocation and risk assumption provisions in industry form construction contracts (the general conditions between the owner and...

INDUSTRY FORM CONTRACTS SERVE AS A TEMPLATE FOR YOUR CONSTRUCTION CONTRACT

Posted on 14 October, 2016
Recently, I put on a presentation on construction contracts--considerations when using an industry form contract as the template for your construction contract.  There are good industry form contracts that contemplate many different project delivery methods and objectives.  These industry form contracts are promulgated by widely respectable organizations including the...

IS PERFORMANCE BOND LIABLE FOR DELAY DAMAGES?

Posted on 6 October, 2016
There is an argument that a performance bond is not liable for delay damages UNLESS the bond specifically allows for the recovery of such damages.  Keep this in mind when requiring a

ADDITIONAL INSURED OBLIGATIONS AND THE UNDERLYING LAWSUIT

Posted on 2 October, 2016
As a general contractor, you understand the importance of being named an additional insured under your subcontractors’ commercial general liability (CGL) policies.   Not only do you want your subcontract to express that a subcontractor’s CGL policy is

PROPERLY TERMINATING A NOTICE OF COMMENCEMENT

Posted on 26 September, 2016
In prior postings I have discussed the importance of the notice of commencement, particularly when it comes to notifying lienors of applicable information regarding their construction lien or payment...