negotiation Archive

Contractors and Subcontractors who regularly work together frequently favor a Master Subcontract Agreement that sets forth the basic legal terms of the relationship regardless of Project, and an individual Project Work Order setting forth the scope and price on every discrete job. This saves time and hassle wrangling about subcontract language on a project-by-project basis. […]

Construction contracts are often times voluminous documents where those not accustomed to dealing with them on a consistent basis have trouble “seeing the forest through the trees.” This can make it difficult for owners to recognize and adequately negotiate the key terms that play the largest role in how construction risk and costs are allocated. […]

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 […]

When faced with litigation, whether pursuing a contractor or owner that failed to pay you, or whether you are being pursued for payment, there are many options available which may help reduce time, expenses and delays associated with traditional litigation. Here are four to consider: 1. Mediation Mediation is a non-binding settlement negotiation conduced with […]

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 […]