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Constructive Candor

Considering Withholding Contractor Payment? Know the Risks

Most construction contract Owners have been faced with a perceived lack of performance by their contractor, and subsequently been faced with the choice of whether to withhold monthly payment. If the owner is a state or federal government entity, prompt payment laws almost certainly apply. Private contracts are generally exempt from such laws, but not always: states like Vermont have prompt payment laws covering all construction contracts. Check your jurisdiction to confirm.

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"What Revision is That?" 3 Tips for Better Document Control

Today’s technology has made communication on construction projects infinitely more convenient than ever before. We have become accustomed to real time information; we receive information about issues and incidents almost instantly, even on our construction projects. 

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Is Your CM/GC Contractor Self-Performing Too Much Work?

Owners are increasingly considering alternative project delivery methods such as engineer-procure-construct (EPC), design-build, and construction manager/general contractor (CM/GC). While the advantages and disadvantages of the EPC method were discussed in a previous post, my personal experience lies more with CM/GC contracts. There are a variety of advantages and disadvantages to CM/GC, but in my experience it is extremely important for owners to realize that it is not in your best interest for the CM/GC to self-perform a high percentage of the work.

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Am I Stuck Paying for My Consultant's Error?

If you’re an owner who's been involved with a major construction project, this question isn’t hypothetical. Yet while this situation is extremely common, many owners don’t have a strong grasp on their contract’s terms and conditions or the relevant case law that forms the underpinnings of a defensible answer.

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