If you get into a contract dispute, and you did not draft the contract agreement, know that the rule of contra proferentem adopts the interpretation that favors the non-drafting party (Administration of Government Contracts written by John Cibinic, Jr. and Ralph C....
Construction Contract Review Basics
Executive Summary: Each day we hand contracts down to our subs or we are signing contracts down from Owners or General Contractors. Know some of the basics of what to look for here. What is and when will I ever use a Contract? A contract is a laying out of the...
Changes in the 2017 AIA A201/A101/A401 Documents
Executive Summary: Probably the most common construction contract documents in use in America are the AIA (American Institute of Architects) documents. The A101/A201 for Owner-General Contractor and the A401 for General Contractor-Subcontractor were both reissued in...
An Alternative to Eichleay: HOOP!
Executive Summary Contractors delayed by the owner often want to be reimbursed ‘x’ dollars per ‘y’ days for the cost of home office overhead. Most contractors are used to using the Eichleay Formula to recoup this cost. There’s a new formula available from a case in...
Getting Paid: Some Suggestions
Executive Summary The law* provides the rules of getting paid in construction. Sometimes contractors must use the law, other times there are other easier (less expensive and quicker) ways of getting paid. *I’m not a lawyer, so please make sure to consult with your...
Make Claim Preparedness the Standard, not the Exception
Executive Summary: More and more construction jobs year after year go to litigation – or at least go “legal” as I say, by requiring the services of a lawyer. Don’t make preparing for a claim a monstrous duty towards the end of the job, prepare as you go with good...