Kenneth R. Crystal and Allen Major | Phillips Lytle Many form construction agreements include a mutual waiver where both the owner and contractor waive claims against each other for consequential damages. What are consequential damages? And should the owner, contractor and subcontractor agree to waive them? What are the implications of the waiver? What Are… Continue reading Should Your Construction Agreement Include a Waiver of Consequential Damages?
Category: Construction Contracts
Courts or Conference Rooms? Choosing Your Construction Dispute Battlefield
Heather Hawkins | Taft Stettinius & Hollister Disputes are always a risk in construction, and you may make decisions about how to resolve them years before any conflict arises. These decisions can significantly affect cost, timeline, and outcome. Pull out your current form contract or a recent project agreement and ask yourself these questions before… Continue reading Courts or Conference Rooms? Choosing Your Construction Dispute Battlefield
Contract Claims 101: Common Disputes and How to Best Prepare for Them, Part 2
Lauren Brier, Abigail Finan, Kelly A. Kirchgasser and Josie Farinelli | Piliero Mazza Last month, PilieroMazza’s REAs, Claims, and Appeals Group published the first blog in its “Contract Claims 101” series, introducing federal contractors to the basics of requests for equitable adjustment (REAs), claims, and appeals. This month, we’re analyzing the broad categories of contract administration disputes we expect to… Continue reading Contract Claims 101: Common Disputes and How to Best Prepare for Them, Part 2
An Oral Promise is Not Enough: Dallas Court of Appeals Bars Subcontractor’s Claims Based on Owner’s Oral Guarantee
Graham Quinn and Ryan Breen | Gray Reed What happens when a property owner looks a subcontractor in the eye and promises to cover the general contractor’s unpaid bills — but never puts it in writing? According to the Dallas Court of Appeals, that promise is worth nothing. In Lone Star Concept Solutions d/b/a True Colors… Continue reading An Oral Promise is Not Enough: Dallas Court of Appeals Bars Subcontractor’s Claims Based on Owner’s Oral Guarantee
Building for Care: Managing Construction Contract Risk in Senior Living Development
Stacy Bercun Bohm and Daniel Miktus | Akerman Senior living is one of the fastest-growing real estate asset classes in the country. The nation’s 85-and-over population is projected to reach nearly 16 million by 2045, and investors poured a record $12.1 billion into senior housing real estate in the first quarter of 2026 alone. As… Continue reading Building for Care: Managing Construction Contract Risk in Senior Living Development