Posts Written By: Eric Travers

One-Sided Arbitration Clause: Contractor’s Right to Unilaterally Choose Arbitration Upheld

Subcontractors are often asked to sign a subcontract giving the general contractor the right to, in its sole discretion, choose arbitration or litigation to resolve subcontract disputes. Many view these clauses as unfair, and whether such clauses are even enforceable is not settled, which means that state and federal courts across the country have come […]

Third Appellate District Ruling = Good News for Contractor + Owner Covered by CGL Policy

This week, the Court of Appeals of Ohio, Third Appellate District, in a ruling that reversed the Hancock County Court of Common Pleas, issued a welcome ruling for construction participants in the state of Ohio. The court held that the industry-standard Commercial General Liability (CGL) policy purchased by Charles Construction Services, Inc. from Cincinnati Insurance, […]

Are Construction Projects “Problems in Progress”? Obey these Ten Commandments of Construction Risk Management

It is a common saying that construction projects are “problems in progress.” Subcontractors, who often are the ones financing the project through their labor and materials, bear inordinate risk that the financial impact of any problems will fall on them. If you follow the commandments below you won’t eliminate problems, but you can set yourself […]

Improving Cash Flow: Top Five Tips to Improve Your Cash Flow and Negotiate Better Subcontract Terms

Subcontractors and suppliers (collectively “subcontractors”) know all too well that cash flow is the lifeblood of your business. Yet many subcontractors overlook the vital role that subcontract clauses can have on affecting their ability to timely secure payment. Here are just a handful of tips about the top subcontract clauses that affect cash flow and […]

The Art of Negotiating Retainage

Eric Travers explains the art of negotiating retainage. While some may believe retainage is a necessary evil in the construction industry, Eric explains why retainage is not always necessary, and in some cases can be avoided, with some forethought and persistence. For far too long the construction industry has tolerated withholding retainage far in excess of current […]