Posts Written By: Don Gregory

Should I Demand Arbitration or Not?

If a dispute goes on long enough, it will ultimately result in litigation or arbitration. Parties need to think about whether they would rather end up in court, or with a private arbitrator, or arbitration panel. Many of the well-accepted trade association contracts have a “check-the-box” approach, in which you need to say whether you […]

Are You Prepared for the Risks of Design Delegation?

Design build contractors are generally familiar with the risk they are assuming under the traditional design-build model in which the contractor is responsible for the design, as well as the construction of the design his team has created. However, contractors are less familiar with the risks that are assumed under a design-bid-build model in which […]

Creating an Effective Attorney-Client Relationship

Perhaps no business relationship is more important than the attorney-client relationship. As in a marriage, by focusing on realistic expectations and what both sides of that relationship can do to improve it, a more effective and rewarding partnership can be created. While I certainly do not claim to have all the answers, my 40 years […]

Risk Management 101 for Contractors

In an era of volatile material costs, it is important for contractors to implement strategies to minimize their risk. While some contracts provide relief for excessive cost increases for fuel, steel, or other discrete items, contractors generally assume the risk of cost increases and other unpredictable developments post-bid. The first risk that contractors can minimize […]

Another Look at Force Majeure Clauses

Force majeure or “Act of God” clauses were often forgotten until the COVID-19 pandemic dusted them off and made them relevant again. These clauses are well worth another look. What is Force Majeure? “Force majeure” is the term used to describe an exceptional event or circumstance that is unforeseeable, beyond the control of the parties, […]