Killer Contract Clauses: Minimizing Risk in Construction Contracts

Michael Carroll | Kerr Russell When I give speeches about construction contracts, I often have subcontractors and other lower-tier construction project participants in the audience. More than once, I have heard such a party lament: “What’s the point of requesting new and different language from the upstream party ─ they never agree to make my… Continue reading Killer Contract Clauses: Minimizing Risk in Construction Contracts

The Hidden Cost of Waiting Too Long to Mediate Construction Claims

Randy Hafer | JAMS Early resolution is key to managing complex construction disputes, and mediation provides an efficient, cost-effective way to achieve that objective.  Building information modeling, artificial intelligence, project management software, digital platforms and robotics have improved efficiency and precision in design, construction and claims management. At the same time, workforce shortages, skills gaps,… Continue reading The Hidden Cost of Waiting Too Long to Mediate Construction Claims

The Duty for Insurance Companies to Defend Construction Disputes

Mason Rollins | BuildSmart Companies in the construction industry face the risk of disputes every day, and defending those disputes means incurring attorneys’ fees. While companies sometimes pay those attorneys’ fees out of pocket, they may be able to trigger insurance coverage — either their own policy or that of another party on the project… Continue reading The Duty for Insurance Companies to Defend Construction Disputes

Three Mistakes Businesses Make After a Slip-and-Fall Incident

Rafael Soto | Weber Gallagher Simpson Stapleton Fires & Newby Perhaps your business has internal protocols that everyone is to follow when it comes to a slip and fall accident. Are these protocols really being followed or are they more like guidelines? Do you have multiple locations for your business? If you have multiple locations… Continue reading Three Mistakes Businesses Make After a Slip-and-Fall Incident

Go Your Own Way: Easier Said Than Done on Washington Construction Projects

Colm P. Nelson | Stoel Rives Abstract Ending a construction contract can trigger significant legal and practical consequences for owners and contractors. This article examines the risks that can arise when project participants decide to terminate or separate, including the differences between mutual separation, termination for cause, and termination for convenience. It also highlights the… Continue reading Go Your Own Way: Easier Said Than Done on Washington Construction Projects