Jon Hollis | Sands Anderson When a contractor breaks ground on a construction project, unexpected conditions beneath the surface can be an expensive surprise. Unanticipated water, rock, or differing soil types can throw budgets and timelines into disarray. Differing Site Condition (DSC) provisions in construction contracts generally place the risk of these unforeseen conditions on… Continue reading Shifting the Risk of Shifting Sands: A Brief Introduction to Differing Site Condition Provisions
Tag: Construction Contract
Changing Your Mind, for Whatever Reason – Terminating a Construction Contract for Convenience in Florida
Troy Mainzer | The Dispute Resolver Owner: “You’re FIRED! Please remove all equipment and leave the premises.” Contractor: “You can’t do that. We signed a contract and have done everything that has been asked – we are performing ahead of schedule, under budget, and the work quality is superb.” Owner: “Yes, but another company can do it cheaper and the contract… Continue reading Changing Your Mind, for Whatever Reason – Terminating a Construction Contract for Convenience in Florida
The Impact Of Corrective Work On Performance Bond Deadlines: A Case Study
Jose A. Aquino | Duane Morris The recent decision in BCC Housing Development Corp. v. LPCiminelli, Inc., entered on February 27, 2025, by the New York Supreme Court, Appellate Division, Third Department, addresses the enforcement of contractual time limits in performance bonds and clarifies when a contractor’s work is considered complete under a construction contract. BCC… Continue reading The Impact Of Corrective Work On Performance Bond Deadlines: A Case Study
Avoiding Contract Conflicts: 5 Key AIA Provisions to Align with Loan Documents
Jake Carroll and Jenna L. Lasseter | Nelson Mullins When negotiating construction contracts, attorneys often focus on the American Institute of Architects (AIA) A201-2017 General Conditions, a widely used standard in the industry. However, construction loan agreements, drafted from the lender’s perspective, frequently contain provisions that conflict with or impose additional obligations beyond those in… Continue reading Avoiding Contract Conflicts: 5 Key AIA Provisions to Align with Loan Documents
Tips for Setting the GMP
Kenneth Block | Tannenbaum Helpern Syracuse & Hirschtritt Under the guaranteed maximum price (GMP) construction contract delivery method, great care and attention must be given by the owner in setting the GMP, usually done by way of a “GMP Amendment,” following the CM’s submission of a “GMP Proposal.” The final GMP should be all inclusive,… Continue reading Tips for Setting the GMP