Posts Written By: Eric Travers

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, […]

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 […]

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 […]

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 […]

In late 2014, the Supreme Court of the United States decided Atlantic Marine Constr. Co. v. United States Dist. Court, a case that will have important implications for construction attorneys and their clients. Eric Travers and Peter Berg provide an in-depth analysis of the decision. The article explains the significance of “forum selection clauses” and […]