Erika Levin, Ari Stern and Samantha Kunin | Fox Rothschild Why strategic drafting of dispute resolution clauses is essential in high-stakes dealmaking The most expensive clause in a contract may be the one nobody notices until a substantial disagreement arises — the dispute resolution clause. A poorly chosen forum or process can add years of… Continue reading The Clause That Can Cost The Most If You Get It Wrong
Category: Construction Contracts
Construction Contract Must-Haves
Jacqueline Greenberg Vogt and Boris Peyzner | Mandelbaum Barrett A successful construction project doesn’t just depend on skilled labor and good materials—it starts with the contract. A well-drafted construction contract sets expectations, defines responsibilities, and reduces the risk of costly disputes. Owners and contractors alike benefit from understanding the key provisions that determine how risk,… Continue reading Construction Contract Must-Haves
Who Bears the Risk of Regulatory Change? Ohio Court Weighs In
Susan White | Frantz Ward A recent case out of Hamilton County, Ohio, Mt. Pleasant Blacktopping Co., Inc. v. Inverness Grp., Inc. (1st Dist.), 2025-Ohio-284, addressed an often-overlooked contracting issue: who bears ultimate responsibility for regulatory compliance when completed work fails to secure governmental approval? Background Facts Trial Court Decision During the bench trial, MPB argued that… Continue reading Who Bears the Risk of Regulatory Change? Ohio Court Weighs In
Blueprints for Resolution: The Art of Designing ADR Clauses for Construction Projects
Rick Zieglowsky | American Arbitration Association Construction projects today involve increasing complexity, leading to more frequent and intricate disputes. To avoid costly litigation and secure a decision-maker with industry expertise, many in the construction industry turn to alternative dispute resolution (ADR), with the first critical step being the drafting of an effective ADR clause. Effective… Continue reading Blueprints for Resolution: The Art of Designing ADR Clauses for Construction Projects
Contingent Payment Clause Held Unenforceable Due to Unfairness
Amy Wolfshohl | Porter Hedges Contingent payment clauses are often used in connection with contracts between general contractors and subcontractors or subcontractors and lower tiered subcontractors. Essentially, this type of clause provides that a general contractor does not owe a subcontractor unless the owner has paid the general contractor for the amounts due to the… Continue reading Contingent Payment Clause Held Unenforceable Due to Unfairness