Contract Negotiation Tip of the month: Prevailing Party Clauses

Contract Negotiation Tip of the month:  Avoid including prevailing party clauses in contracts.  But if your contract must include one, be sure to define the term “prevailing party.” Many contracts include a clause in the disputes provision of the agreement...

Managing Killer Clauses in Construction Contracts: Part II

This is the second part of a two part article. The first part was in last month’s issue of this Report. Consider the following basic “killer” clauses, and how they might be managed. Notice Requirements You must know your contract. The first step in good contractual...

Killer Clauses in Construction Contracts: Part I

Today’s builder must be as expert at managing its contractual risk as it is at managing a safety program. Many large and small contractors, once considered outstanding builders, are out of business today. Some of the contractors may have even been good financial...