Gangjin Li | HKA Introduction The design-build (DB) model represents a contemporary approach to project delivery wherein a single contractual entity—the design-builder—is responsible for both design and construction. Unlike traditional models such as design-bid-build (DBB) or construction manager at risk (CMAR), the DB model integrates design and construction under a unified contract, facilitating greater coordination and efficiency.[1][2] Advantages of DB contracts One of the principal benefits of the DB contract is single-point responsibility, which… Continue reading Design-Build Project: Delivery Benefits, Risk Allocation, and Role of Geotechnical Characterization
Tag: Construction Contract
Identifying Unfair Clauses in Construction Contracts
Curt Martin | Peckar & Abramson In 1979, virtually all projects were completed under form contracts. As I started practicing construction law, it seemed that most form contracts were generally fair. They were negotiated by industry groups, and over the next 10 to 20 years they appeared to become fairer. We could and did compare… Continue reading Identifying Unfair Clauses in Construction Contracts
First Material Breach: The “No Recovery” Rule
John Mark Goodman | BuildSmart A contract is an exchange of promises that the law will enforce. Contract law provides that promises are enforceable, under what circumstances, and the available remedies. Although application may vary by jurisdiction, there are some principles of contract law that have been widely adopted. One of those is the principle of “first… Continue reading First Material Breach: The “No Recovery” Rule
Force Majeure & Impossibility: What Construction Leaders Need
Benton T. Wheatley and Anna Spicer | Commercial Construction Renovation Discourse surrounding force majeure clauses skyrocketed in the wake of COVID-19. Parties to contracts were confronted with the uncertainty of promising future performance when the future was far from certain. In particular, construction contracts felt the impact of this uncertainty through price escalations, tariffs, material… Continue reading Force Majeure & Impossibility: What Construction Leaders Need
How to Draft, Enforce, and Resolve Disputes Before They Disrupt Your Operations
Matthew Harrison | IR Global Contracts in Arizona Business: How to Draft, Enforce, and Resolve Disputes Before They Disrupt Your Operations Contracts are the foundation of nearly every business relationship. From purchasing goods to exchanging services, Arizona businesses rely on written agreements to define expectations, allocate risk, and protect their interests. When contracts are clear… Continue reading How to Draft, Enforce, and Resolve Disputes Before They Disrupt Your Operations