Posts Written By: Don Gregory

Federal Arbitration Act Trumps Class Actions: Arbitration Agreements Mean What They Say

The U.S. Supreme Court in a 5-4 Decision authored by Justice Gorsuch recently found in favor of employer (not employee) rights when enforcing arbitration agreements. The Supreme Court ruled that employees could not ignore individual arbitration agreements and band together to challenge wage and hour or other labor law violations. The Court pointed out that […]

Establishment of the GMP: The Fatal Flaw

More and more construction contracts are CM-at-risk contracts with a Guaranteed Maximum Price (“GMP”). Contractors and Owners are increasingly relying upon a “cost plus with a GMP” format, such as the AIA A133 form, as a fair way to allocate risk. This is particularly true when the design drawings are evolving in the early days […]

State Contract Requires CMs Assume Uninsurable Risk?

The OFCC prepares form contract documents that are utilized on the State of Ohio projects that it administers. Recent changes to the CM-at-risk contract with respect to insurance are giving heartburn to the construction industry that bids that work. Section 10.6 now requires the CM to defend the OFCC with counsel specifically approved by the […]

“Pay-if-Paid” No Defense to Miller Act Claim

“Pay-if-paid” clauses are finding their way into subcontracts with increasing frequency. These clauses tie the subcontractor’s right to payment to the contractor’s receipt of payment from the owner. Federal projects require the contractor to post a “Miller Act” payment bond guaranteeing timely payment to subcontractors and suppliers. A recent case out of Virginia has answered […]

Debunking the Top Ten Payment Myths

Payment is the lifeblood of any contractor, subcontractor or supplier. Yet many myths adversely affect your ability to timely secure payment. Here is my personal top ten. 1. “Don’t worry about it, we can always lien.” While lien rights are important, they are not a substitute for good credit practices. Lien rights only attach to any […]