Amanda Kohls and Tab Wood | Schwabe, Williamson & Wyatt Mandatory arbitration clauses are increasingly common in construction contracts. Arbitration, sometimes referred to as “trial-light,” is a judicial process where an arbitrator (usually a lawyer or a former judge) receives evidence, hears from witnesses, and makes a binding decision resolving the dispute. Before signing a… Continue reading OP-ED: Pros and Cons of Arbitration Clauses in Construction Contracts
Category: Construction Contracts
No Construction Contract is Standard — Terms Matter
C. Andrew Gibson | Stoel Rives In 20-plus years of navigating construction contract negotiations and disputes, I have reviewed for clients a number of terms overlooked at signing that carry significant importance when a dispute arises: materials warranties limited to replacement costs (no tear-out, no install) and a 60-day notice period; limitations of liability clauses… Continue reading No Construction Contract is Standard — Terms Matter
When Actions (May) Speak Louder Than Words: Inadvertently Altering or Waiving Contract Terms Through Course of Performance
Jordan Heath | ConsensusDocs This article discusses instances where parties’ actions during the life of a contract can influence a court’s future interpretation of the contract’s terms, or, in some cases, even waive a contract term. While this article doesn’t examine every situation where this might occur, it highlights two different situations that general contractors… Continue reading When Actions (May) Speak Louder Than Words: Inadvertently Altering or Waiving Contract Terms Through Course of Performance
Quick Note: Choice of Law Provisions
David Adelstein | Florida Construction Legal Updates It is common for construction contracts to include a choice-of-law provision or language. This is language that says the contract is to governed under the laws of the state of Florida (by way of example). Pick any jurisdiction. There may be other language in the provision, but the… Continue reading Quick Note: Choice of Law Provisions
Notice Provisions in Contracts Matter
David Adelstein | Florida Cosntruction Legal Updates Notice provisions in contracts matter. Oftentimes, contracts or legal documents contain notice provisions. If not, they should. The notice provision should include the address where the notice needs to be sent, any specified person the notice should be addressed to, and the vehicle for the delivery of the… Continue reading Notice Provisions in Contracts Matter