Legal Insights Archive

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 […]

Ten Things You Should Know About Wrap-Up Insurance

A recent industry trend is the use of “wrap up” insurance policies, which cover contractors and subcontractors working on large construction projects for a large variety of risks. As wrap up policies are used more often, here are ten things you should know about wrap-up insurance policies: Are a single risk management program for most […]

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 […]

Dos and Don’ts of DBE Contract Procurement

Since the 1980s, projects funded by the federal government have come with mandatory DBE (Disadvantaged Business Enterprises) participation requirements. Similar DBE participation requirements exist at the state and local level in jurisdictions across the country. Designed to increase the participation of minority and women-owned businesses (DBEs) in industries in which they have been historically underrepresented, DBE […]

Performing Change Order Work? Know Your “Conditions Precedent” to Getting Paid

One of the many contract clauses we see on a daily basis in the construction industry is what some might call the “change order” provision. That provision requires a contractor, before the contractor performs work outside its original scope, to seek prior written approval from the owner. These “change order” provisions are seen across the […]