negotiation Archive

Top 10 Questions All Owners Should Ask Themselves before Signing a Construction Contract

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. […]

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 […]

Cost Controls + Alternatives to Litigation

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 […]

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 […]

Construction Lawyer: Problem or Problem Solver? The Need for Cost-Effective Dispute Resolution in the Construction Industry

As alternative dispute resolution—negotiation, mediation, arbitration—becomes more prevalent in the construction industry, construction lawyers find themselves in unfamiliar roles. The way construction disputes are resolved has changed dramatically. Don Gregory and Peter Berg argue construction lawyers should be focused on problem-solving, by partnering with their clients and by being cost-effective advocates. The best construction lawyer […]