Legally Speaking

  • Project Documentation

    Project Documentation0

    By Brian K. Carroll, Sanderford & Carroll Project documentation is exceptionally important to every aspect of the construction project lifespan. Documentation is important for everything from internal QA/QC to making sure a Subcontractor can develop a successful claim if/when a dispute arises on a Project. Almost as a universal truth, the party in a construction

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  • Subcontractors Take Note: Flow-Down Clauses Can Act As Contractual Waivers

    Subcontractors Take Note: Flow-Down Clauses Can Act As Contractual Waivers0

    By Lisa Colon, Saul Ewing LLP Flow-down (or “pass-through” or “conduit”) clauses are a common feature in construction contracts, particularly in projects involving multiple tiers of contracts. These clauses are intended to ensure the terms and conditions between the prime contractor and owner apply to all lower tiers of contractors (subcontractors) too. At their best,

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  • Peace of Mind in Construction: Managing Risk to Protect Your Well-Being

    Peace of Mind in Construction: Managing Risk to Protect Your Well-Being0

    By Leslie A. Boe, Dysart Taylor Cotter McMonigle & Brumitt, P.C. Construction is one of the most demanding industries— rising material costs, complex contracts, tight deadlines, changes in scope of work, and payment disputes can create a constant undercurrent of stress. Over time, that strain doesn’t just affect productivity—it affects mental health, sleep, and overall

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  • Risk Transfer Clauses: Subcontractor Beware

    Risk Transfer Clauses: Subcontractor Beware0

    ByTodd R. Regan, Gordon Rees Scully Mansukhani, LLP From a general contractor’s perspective, the use of so-called risk transfer clauses in subcontracts serves to allocate the risks passed down from the project owner amongst the various project participants. Contractors will point out that these clauses assign the risks and responsibilities to the parties who are

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  • Eliminate or Reduce Financial Impact of Retainage

    Eliminate or Reduce Financial Impact of Retainage0

    By Lee Brumitt, Esq., Dysart Taylor McMonigle Brumitt & Wilcox, P.C. In the 1840’s, the United Kingdom was constructing a massive railway system. The huge work demand brought unqualified and insolvent contractors to the fray. Defective and incomplete work was commonplace. To combat the losses and assure that work was completed, the government withheld 20%

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  • What To Look for When Entering a Construction Contract

    What To Look for When Entering a Construction Contract0

    By Marc Felezzola and Angela Harrod Maybe your construction business is growing, or maybe it has been a long-standing national competitor, but regardless of how established your business is on the national scene, there are certain things that you should always consider when reviewing a subcontract. This is especially true when your business is entering

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