When it comes to construction contracts, arbitration and mediation (Alternate Dispute Resolution) are both commonly specified for out of court dispute resolution. The use of mediation and arbitration in construction contracts, both for small and large construction, has been increasingly common over the past decade.
Continue reading “Top 3 New Construction Arbitration Rules That Expand Powers and Challenge Assumptions”
Oftentimes, owners find themselves wondering if they need an architect of design professional for their project, and might be unfamiliar with the terms and forms used in their contracts. This article provides a refresher on the types of projects an owner should have an architect for, and the typical forms of contracts used for the project.
Continue reading “Considerations When Hiring an Architect”
Recently, a contractor asked me how to create a good contract. After further discussion, I understood that this contractor was not licensed, but wanted advice on obtaining a good contract. Well, what is a good contract after all?
Continue reading “If You Want a Construction Contract Enforced, You Need Your License”
Changes are an unavoidable aspect of construction. Although thorough effort and coordination are required in preparing the original project contract, specifications and construction drawings, there will still be changes. This is why owners are provided the right to make changes to the work under a typical contract changes clause.
However, the ability for owner requested changes, even if provided in the contract, are not without limitations, restrictions, and consequences. After all, what purpose would any of the project documents, contracts and drawings serve if they were subject to constant change? What good would the contract serve if the owner could make any change(s) without consequence?
Continue reading “Changes vs. Cardinal Changes: The Limit of Construction Contract Changes”
To minimize potential legal problems when planning construction, whether the project is a large commercial project, a new residence, or even a renovation to an existing structure, care must be taken to have essential terms included in the contract.
Continue reading “Construction Contract Drafting Considerations”
Given the large number and variety of documents required to administer a construction project today (plans, specifications, contracts, etc.), the likelihood of discrepancies arising between these different sources is almost unavoidable. Do you know how these documents rate in terms of their authority?
Continue reading “Are We On The Same Page? How Construction Document Conflicts Are Resolved”
Given the large number and variety of documents required to administer a construction project today (plans, specifications, contracts, etc.), the likelihood of discrepancies arising between these different sources is almost unavoidable.
Do you know how these documents rate in terms of their authority? Continue reading “Construction Contract Document Conflict”
Construction is fraught with countless risks, from weather conditions, labor strikes, material unavailability, subsurface conditions, and inaccurate plans and specifications, among others. Each has the potential to delay the project, cause increased completion costs, and increase the likelihood of disputes, liens, and litigation.
Continue reading “Top 7 Owner Risks in New York Construction Contracts”
Perhaps the most common construction-related dispute is the refusal of a party to make payment to its contractors or subcontractors. While litigation is the traditional avenue for resolving such disputes, methods of alternative dispute resolution such as arbitration and mediation are enjoying growing importance in the field of construction law.
Continue reading “Alternative Dispute Resolution An Option For Construction Contractors Under NY’S Prompt Payment Act”