Posts Written By: Don Gregory

Many subcontractors feel increasingly hopeless about securing fair subcontract language, particularly in view of the shortage of profitable work during the economic downturn. While it is hard to walk away from work, sometimes it is better to lose a job than to do an unprofitable one.  So subcontractors would be wise to ask themselves these […]

Contractors routinely complain about retainage being withheld for extended periods of time, well beyond the project’s substantial completion date. This problem seems to be getting worse every year. Contractors on public work in Ohio should understand that, regardless of what the contract says, public owners are to pay escrowed retainage funds, together with accumulated interest, […]

A recent court case reminded all contractors, especially those working in the paving and asphalt industry, of the importance of conditioning bids and contract prices on a reasonable time to complete their work. A Tennessee appellate court held a paving contractor responsible for a bid it submitted to an owner almost a decade prior, despite […]

While I have been practicing construction law for 33 years, I subscribe to the theory that One is never too old to learn.” Here is my personal list of lessons learned in 2015: 1. Lawyers Need To Spend More Time On Damages. On a traditional complicated construction claim it is not unusual to spend 90% […]

Many of us have written articles on the most onerous (“Killer”) contract clauses encountered today, including “pay-if-paid,” “no lien” and other unfair provisions. But there has been much less focus on more obscure contract clauses that may not sound so bad – but can be crippling in their own right. Here are a few that […]