David Adelstein | Florida Construction Legal Updates Forum selection provisions are NOT to be overlooked. Ever. Treat them seriously. Even on federal projects where there is a Miller Act payment bond. Consider forum selection provisions on the front end when negotiating your contract. In a recent opinion, U.S. f/u/b/o Timberline Construction Group, LLC vs. Aptim Federal Services,… Continue reading Forum Selection Provisions are not to be Overlooked…Even on Feder Projects
Tag: Construction Contract
Bright-Line Changes: Prompt Payment Act Trends
Stephanie L. Cooksey | ConsensusDocs Untimely payment by the owner for contract work and additional work on construction projects can place an unfair financial burden on contractors and subcontractors. Most states have attempted to eliminate or mitigate this inequity in construction contracting through Prompt Payment Acts that govern payment deadlines and provide remedies for untimely… Continue reading Bright-Line Changes: Prompt Payment Act Trends
You Cannot Always Contract Your Way Out of a Problem (The Case for Dispute Resolution in Mega and Large Complex Construction Projects)
Lisa D. Love, Esq. | The Dispute Resolver Most experienced commercial transaction and construction attorneys strive to negotiate a concisely written and well-drafted contract that addresses all scenarios and issues that creative and highly contemplative professionals can conjure. Although contracts are extremely important in construction projects, “you can’t generally contract your way out of a problem,”… Continue reading You Cannot Always Contract Your Way Out of a Problem (The Case for Dispute Resolution in Mega and Large Complex Construction Projects)
What Happens After A Termination For Convenience?
Karalynn Cromeens | The Cromeens Law Firm Most commercial construction subcontracts have a termination for convenience clause. This clause means that the general contractor can terminate the subcontractor at any time for no reason, just because it is convenient to the general contractor. But what happens after a termination for convenience? A termination for convenience clause exists… Continue reading What Happens After A Termination For Convenience?
On Substantial Completion In Construction Contracts
Corey Etcheverry and Jim Goodrich | Saul Ewing “Substantial Completion” is a critical concept in construction contracts and one as to which parties often have contrary conceptions. Finding a definition of Substantial Completion acceptable to both the owner and the construction contractor on a project (not to mention one that aligns with the term in… Continue reading On Substantial Completion In Construction Contracts