Claims Advocacy

Frequently at my first meeting or discussion with the designer of a project where a problem had arisen, I would learn that the design firm had a significant account receivable pending with the client. Read More …

On its face, this language sounds simple enough; someone wants their project done in a timely manner, right? Well, that may be the case, but that isn’t all that is at stake when you see a contract with Time is of the Essence in the language in the contract. Read More

In the last few weeks, every contract I’ve reviewed has included the waiver of a jury trial.  I used to see them now and then, but the prevalence of them recently seems a new development to me.  While I don’t believe the provision creates a coverage issue, it has me scratching my head… Read More

It is commonplace for a liquidated damages clause to be contained in an Owner/Contractor agreement.  This makes sense because the completion date is generally significant to an owner, and the contractor has submitted a price for their work and has agreed in their contract to a completion date.   By the time the contractor is awarded the contract, they usually have the contract documents, and they have used them to price the job and complete a construction schedule.  Once a notice to proceed is issued to the contractor, the contractor controls the schedule… Read More