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ARTICLES AND SEMINAR MATERIALS

Five Contract Clauses You Can’t Live Without

The contract forms used by my clients range from one page hand-written proposals to 50 page standard form contracts published by AIA, AGC and EJCDC. Whether your form agreement is home grown or standardized, [...]

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Mechanic’s Liens Demystified

It is an understatement to say that grasping the requirements of the mechanic’s lien statute can be difficult and frustrating, not to mention boring.

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The Anatomy Of A Payment Bond Claim

In my practice, few subjects generate more frustration and confusion for subcontractors and suppliers than determining their rights and responsibilities under the terms of a standard payment bond.

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Construction Lender Requirements: Contractors Beware

In the past ten years, there has been a gradual increase in the construction lending requirements which flow down from the owner to the general contractor. As a contractor, anytime you are presented with an agreement which the owner represents to be a “simple form” required by its lender, proceed with caution. Most contractors are [...]

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Liquidated Damages At A Glance

Commencement and substantial completion are two of the most important subjects covered in any construction contract. The time set for performance is typically measured from the commencement date of the contract, or set forth as a specific date for substantial or final completion of the project.

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What You Need To Know About Delays, But Were Afraid To Ask

In fielding contract questions from construction clients, one of the more common areas of concern centers on the treatment of delay issues under the 1997 AIA documents. Primarily, contractors want to know what rights they have in the event of a delay caused by the owner or architect.

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The Perils Of E-Mail

Electronic mail is a part of our personal and professional lives that is here to stay. The preparation and delivery of mail and other documents electronically has become commonplace, and few of us could conceive of doing without this means of communication.

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Change Order Basics: The Cardinal Change

Demands for extras have become the norm in contracting arrangements between owners, contractors and subcontractors. Although contractors are typically required by contract to pursue changes requested by the owner, it is important to understand that there are rare circumstances in which changes can be so vast and burdensome as to constitute a “cardinal change” which [...]

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