Many subcontractors feel increasingly hopeless about securing fair subcontract language, particularly in view of the shortage of profitable work during the economic downturn. While it is hard to walk away from work, sometimes it is better to lose a job than to do an unprofitable one. So subcontractors would be wise to ask themselves these […]
subcontractors Archive

Five Killer Contract Clauses You Might Have Missed
Many of us have written articles on the most onerous (“Killer”) contract clauses encountered today, including “pay-if-paid,” “no lien” and other unfair provisions. But there has been much less focus on more obscure contract clauses that may not sound so bad – but can be crippling in their own right. Here are a few that […]

Time for Change: Why the practice of retainage is in need of significant reform.
Why Does Retainage Exist? As subcontractors know all too well, retainage is an owner’s or higher-tier contractor’s practice of holding a predetermined percentage from each progress payment to the next-lower tier of subcontractors, and releasing the retained amounts only when a milestone such as “substantial completion” is reached. This practice has a dramatic effect on […]

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 […]

10 Things to Remember When Your Work is Delayed
Don gives ten “Do’s” and Don’ts” suggestions to remember the next time your construction job is delayed. Read the full article from Ohio Asphalt Magazine.