Posts Written By: Don Gregory

It’s Miller Time! Miller Act Trumps Subcontract Clauses

As unpaid subcontractors and suppliers cannot lien federal projects, the Miller Act was adopted to ensure payment bonds would guarantee payment of those providing labor or material to federal jobs. Contractors and their bonding companies have argued that “pay if paid” clauses or “no damage for delay” clauses in subcontracts can be utilized to insulate […]

We Can’t Agree on a Change Order … Now What?

Change Orders are as common to construction as lawsuits are to lawyers. But the process for dealing with them, when there is no agreement, can vary widely. And yet, the first thing you should do when encountering a change is almost always the same – READ THE CONTRACT. Now that you have the contract in […]

Design-Assist vs. Design-Build

The terms, Design-Assist and Design-Build, are frequently used by the construction industry in recent years. While they sound similar, they could not mean more different things. Design Assist Under Design-Assist, the construction team, often including key subcontractors, is engaged by the owner to collaborate with the design professional during the design phase to improve constructability […]

ConsensusDocs Adopts Master Subcontract + Project Work Order Forms

Contractors and Subcontractors who regularly work together frequently favor a Master Subcontract Agreement that sets forth the basic legal terms of the relationship regardless of Project, and an individual Project Work Order setting forth the scope and price on every discrete job. This saves time and hassle wrangling about subcontract language on a project-by-project basis. […]

Relief from Old Construction Defect Claims: Statute of Repose Applies To Tort and Contract Claims

There are two ways in Ohio that a claim for building defects is barred by time: the statute of limitations and the statute of repose. The statute of limitations is the period of time for a party suffering harm to file a lawsuit. In Ohio the contract statute of limitations on construction claims was 15 […]