Protect Your Projects By Identifying and Controlling Hidden Contract Risks

Daniel Lund III and Larry Borda | Phelps In a recent webinar entitled “Spreading the Risk and Avoiding Killer Contract Clauses,” Phelps lawyers Daniel Lund and Larry Borda examined contractual provisions that most often expose construction professionals to unexpected financial and legal risk. While construction contracts may appear routine, each contract serves as the primary… Continue reading Protect Your Projects By Identifying and Controlling Hidden Contract Risks

Common Mistakes that Render a Construction or Mechanics’ Lien Invalid

Joseph Evans | Lasher Washington’s construction lien statutes provide contractors with remedies to secure payment from property owners for furnished labor and/or materials.  These statutory requirements are strictly enforced, and even minor mistakes can invalidate an otherwise legitimate lien and eliminate a contractor’s ability to foreclose.  The following are some of the most common mistakes… Continue reading Common Mistakes that Render a Construction or Mechanics’ Lien Invalid

When Depositions Are the Least Burdensome Form of Discovery

Esquire Deposition Solutions Civil litigators accustomed to treating depositions as the most expensive option in pretrial discovery may want to reconsider. In some situations, a deposition can prove less burdensome than interrogatories or document production requests — particularly when a party faces the daunting prospect of collecting, reviewing, and producing large volumes of electronically stored… Continue reading When Depositions Are the Least Burdensome Form of Discovery

Starting Work Before a Contract is Signed: Risks, Realities, Strategies

Sean Gay | Stoel Rives Construction projects are almost always a race against time. Owners want shovels in the ground as quickly as possible, and starting sooner generally means finishing sooner. Yet modern construction contracts are complex documents — often running dozens or even hundreds or thousands of pages — and can take weeks or… Continue reading Starting Work Before a Contract is Signed: Risks, Realities, Strategies

11th Circuit Upholds Arbitration in Construction Contract Dispute, Rejects Jurisdiction Challenge by Subcontractor

Nathan R. Woods | Marshall Dennehey John Bell Construction (JBC) served as a subcontractor for Tutor Perini Corp. on the Miami-Dade County courthouse construction project for which Tutor Perini was the design-builder and Plenary Justice Miami, LLC (Plenary) was the developer. JBC sought to increase compensation for cement masons and tile setters from $13.76–$18.01 per… Continue reading 11th Circuit Upholds Arbitration in Construction Contract Dispute, Rejects Jurisdiction Challenge by Subcontractor