Michael Carroll | Kerr Russell When I give speeches about construction contracts, I often have subcontractors and other lower-tier construction project participants in the audience. More than once, I have heard such a party lament: “What’s the point of requesting new and different language from the upstream party ─ they never agree to make my… Continue reading Killer Contract Clauses: Minimizing Risk in Construction Contracts
Tag: Construction Contract
Go Your Own Way: Easier Said Than Done on Washington Construction Projects
Colm P. Nelson | Stoel Rives Abstract Ending a construction contract can trigger significant legal and practical consequences for owners and contractors. This article examines the risks that can arise when project participants decide to terminate or separate, including the differences between mutual separation, termination for cause, and termination for convenience. It also highlights the… Continue reading Go Your Own Way: Easier Said Than Done on Washington Construction Projects
Beyond the Contract: Why Extra-Contractual Remedies Matter in Construction Disputes
Slava Kiryushin, Arpan Gupta and Junaid Tariq | HFW Construction lawyers are trained to begin with the contract. So are clients. When a dispute arises, the instinctive question is usually: what does the contract say? That is often the right starting point, but rarely the end. Introduction Large construction projects operate through intricate contractual frameworks… Continue reading Beyond the Contract: Why Extra-Contractual Remedies Matter in Construction Disputes
The Purpose and Importance of Indemnification Provisions
Eric Adams and Melodie Khosrovani | Shutts & Bowen Introduction Indemnification is a risk-allocation tool that shifts responsibility for a loss from one party to another. In Florida, indemnification may arise either through an express contractual provision or under the doctrine of common law indemnity. Understanding the distinction is critical because different legal principles and… Continue reading The Purpose and Importance of Indemnification Provisions
How Contract Design Is Shaping International Construction Arbitration
American Arbitration Association In international construction, the seeds of a future dispute are often planted in the contract. Risk allocation, local conditions, performance obligations, and termination rights can all shape how a project unfolds and how difficult a dispute becomes if arbitration is later filed. At the 2026 International Centre for Dispute Resolution® (ICDR ®)… Continue reading How Contract Design Is Shaping International Construction Arbitration