Posted on 11/30/2016 7:55 AM By Marc Stroope
Despite the continuous narrative tied to green building, construction contracts have simply not kept pace, and most form contracts or standard clauses do not address contractual issues specific to sustainable projects.
Posted on 7/7/2016 6:38 PM By Kate Ward
Construction business leaders should ask four questions when reviewing a contract schedule for accuracy.
Posted on 6/21/2016 6:19 PM By Ben Wheatley
In theory, the purpose of an anti-assignment clause is to protect a party’s right to choose who it works for. Most industry professionals believe such a clause prevents assignment and conduct their affairs accordingly. If the goal is to actually prevent an assignment while a contract is executory, the clause needs to specifically state that any assignment in violation of the agreement is void and unenforceable.
Posted on 5/31/2016 7:39 AM By Jeremy Brummond
Basic contract law often treats teaming agreements as unenforceable “agreements to agree” (i.e., the parties agree that if, in the future, the bid proposal is accepted, then at that time the parties will negotiate the terms regarding the work to be performed). As such, contractors and subcontractors are placed in the unenviable position of needing an agreement that is frequently worth no more than the paper it is written on.
Posted on 2/24/2016 11:42 AM By Joanna Masterson
The performance-based incentives and accountability requirements built into public-private partnerships (P3s) result in high-quality projects being delivered more efficiently, cost-effectively and timely than traditional procurements, according to a report issued by a research team from Western University in London, Ontario.
Posted on 12/2/2014 4:03 AM By Lauren Pinch
The DOL's Wage and Hour Division issued a final rule in October to implement Executive Order 13658, which would establish an hourly minimum wage of $10.10 for workers on covered federal construction and service contracts.
Posted on 2/17/2014 5:38 AM By Jessica Porter
Construction industry stakeholders give insights on False Claims Act violations that are under heightened scrutiny by the government, what contractors should know about potential changes to the economic loss rule and how contractors can minimize the potential for contract disputes.
Posted on 12/20/2013 3:02 AM By anonymous
To be enforceable, a liquidated damages provision must be a reasonable estimate of the damages an owner would incur if the contractor fails to complete the project by the required completion date. If the liquidated damages amount is unreasonable and considered an attempt to coerce or penalize the contractor, the clause will be deemed an unenforceable “penalty.”