Stephen K. Pudner – January 15, 2013 As attorneys that draft construction contracts and litigate construction disputes on a regular basis, we have seen how construction contract terms are used in contracts and what the practical effects of these terms may be on the rights and obligations of parties to those contracts. While a previous… Continue reading The Differences Between “Pay if Paid” and “Pay when Paid” Clauses in Construction Contracts
Category: Construction Contracts
The Only Four Good Reasons to put Arbitration in Your Contract
Liz Kramer – January 4, 2013 Let’s say you are considering updating your form contract, or you are in the midst of negotiating a new contract with someone. Should you include mandatory arbitration for resolving any disputes? Assuming you have the choice, my view is you should only include arbitration if at least one of… Continue reading The Only Four Good Reasons to put Arbitration in Your Contract
Recovery of Legal Fees and Consultants’ Expenses in REAs
G. Scott Walters – December 18, 2012 Change Happens One constant on most construction projects is change. Most construction contracts contain a specific clause (or clauses) discussing procedures and requirements that the project participants should follow in order to address these changes. Changes clauses are found in standard industry construction contracts, private construction contracts, and… Continue reading Recovery of Legal Fees and Consultants’ Expenses in REAs
Will your Indemnity Clauses be Unenforceable on January 1, 2013?
Bryan C. Jackson and Gregory Clark December 17 2012 Amendments to California’s construction indemnity statutes will go into effect on January 1, 2013. Your commercial construction contracts may need to be modified or other strategies may need to be implemented or your indemnity clauses may be held void and unenforceable. We are available to revise your commercial… Continue reading Will your Indemnity Clauses be Unenforceable on January 1, 2013?
What is the Price of this Construction Contract?
Vincent G. Nelan – November 19, 2012 I had a conversation about a price term used in construction contracts that I thought the person I was talking with should have known. When I reflected on that conversation, I realized that it has taken me some time to understand the terms used in construction contracts and… Continue reading What is the Price of this Construction Contract?