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Archive for the ‘Standard Provisions’ Category

May 1st, 2012 - 9:02 am § in Contract Drafting, Contracts, Litigating Your Contract, Standard Provisions

Save A Legal Fee? Sometimes You Better Talk With Your Construction Attorney

  I love writing this column, because I think it’s refreshing for contractors to hear that they don’t always need an attorney. Today’s post is the “Un-Save a Legal Fee” because I want to point out a specific illustration of when you definitely need your attorney. U[...]

April 24th, 2012 - 12:06 pm § in Construction Liability, Contract Drafting, Contracts, Litigating Your Contract, New Laws, Standard Provisions

New Washington Law Nixes Unfair Indemnification in Construction Contracts

  Contractual fairness – it is part of my mantra. If you read the blog, you probably know that I preach brevity, balance and clarity in contracting. The State of Washington did well to finally eliminate something that has angered me for quite some time – unfair indemnification.[...]

April 19th, 2012 - 1:18 pm § in Collection, Construction Liability, Contract Drafting, Contracts, Standard Provisions

Save a Legal Fee: Prevent Costly Lawsuits With Claim Limitation Clauses

  Ever had that lingering problem with a contracting partner that went away for awhile and then came back to bite you – years later? In Washington, construction contract claims can be raised for up to six years after substantial completion. Six years!? Why would I want to wait that long t[...]

January 30th, 2012 - 11:10 pm § in Construction Liability, Contract Drafting, Contracts, Managing Risks, Standard Provisions

Tips For Subcontractors: What To Look For In The Next Contract You Sign

  Subcontractors: Do you really read your contracts? Its ok, if you say no. Probably 50% (or more) of the contracts that I review after a dispute arises were never negotiated by the subcontractor. Heck, on most occasions, the subcontractor never read past their name on the front page. Remember [...]

September 28th, 2011 - 9:47 am § in Construction Liability, Contract Drafting, Contracts, Insurance, Standard Provisions

Consider Amending Your Construction Contract In Response To Change In Insurance Policies

  The organization responsible for boilerplate language in most insurance policies has made some changes that probably affect your construction contract. Luckily, the good people at ConsensusDOCS have made us all aware of these changes and they have suggested new contract language to deal with [...]

August 2nd, 2011 - 4:01 pm § in Construction Liability, Contract Drafting, Contracts, Managing Risks, Standard Provisions

Preventing Costly Litigation Through Your Construction Contract

  Its Tuesday, which means its the middle of your work week. Tuesday is a great time to take an hour to look over your contracts, while the crews are pushing through their scheduled work. Today’s food for thought: How do you use your contract to reduce your litigation burden?[...]