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What contract mistakes are jeopardizing your project success

Nine times out of ten, success or failure to meet anticipated project budgets, schedules, and quality can be traced back to the very beginning—when you signed the contract. Contracts are critical. You...

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Four things you should know to avoid surety bond fraud

ENR.com last week reported on an arrest connected to the selling of fraudulent surety bonds. This is not the first time ENR editors have covered the topic of bond fraud. And it likely won’t be the...

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Words to watch out for when signing subcontracts

The excitement of being awarded a subcontract sometimes can result in little thought being given to the contents of that so called “standard form of agreement” you’re asked to sign. Not reviewing and...

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When actions speak louder than words

Making sure that a valid construction contract is in place before you start work can be as important to you as being awarded the actual job. A carefully drafted and signed contract goes a long way in...

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Four fundamental construction contract rules

Contracts, preferably in writing, are critical to assure participating parties in a construction project meet their obligations and legal responsibilities. Without a contract, you put your company at...

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Drones in construction: What you may not know

Construction work has taken to the skies. Unmanned aircraft systems (UAS), or what we often refer to as drones, are proving useful for a variety of construction tasks—from surveying sites, to...

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Time is of the essence when it comes to construction liens

When a Florida electrical contractor wasn’t paid, the company filed a claim of lien 95 days after it had last worked on the job site. The contractor believed that since it had gone back on day 94 to...

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Navigating the lien process: Answers to common questions

As a contractor, you have certain rights that assure you are paid for the materials, services, and labor you provide to real property.  Asserting your lien rights allows you to force the sale of a...

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Write daily reports as if your company depends on it (because it does)

In a court of law, a contractor’s daily reports are critical. In many instances, they are considered to be the one of the best pieces of evidence showing what actually occurred at specific times on the...

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The proof is in the picture

In my last blog post, I discussed the importance of daily reports in protecting your company in the case of legal action. Pictures don’t necessarily need to be a part of the daily report, but they are...

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Nine things your construction lawyer won’t tell you (but should)

Today’s legal system is complex. Which is why you want to feel comfortable that you have the right lawyer on your side when you have questions or need legal representation in a case. Here are nine...

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Five lien release tips to preserve your rights

A contractor came to me at the end of a project wanting to pursue about a million dollars of delay claims. Unfortunately, he had no case. During the job he had forfeited his rights by signing lien...

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Construction contracts: Pay attention to the preamble

I recently filed a lawsuit on behalf of a subcontractor who hadn’t been paid. The prime contractor named in the suit countered, saying that the company name listed in the contract’s preamble wasn’t the...

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“Hidden” obligations: Don’t let contract documents catch you by surprise

When a hurricane struck a job site causing partly installed tilt-up construction panels to collapse, suit was brought for professional malpractice by the owner against his architect. The architect...

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One-stop resource provides contractors with legal tips and news

I’m always on the lookout for information I think construction companies will find useful. So, when I heard about this new resource called the Construction Lawyers Alliance, I was intrigued. The...

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Don’t skimp on scope-of-work details

Most disputes we get involved with as construction lawyers generally revolve around a construction contract’s scope of work. It’s usually a misunderstanding where one party believes something was...

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Efforts expand to bring construction workers home safely

Anyone in construction knows this sobering fact all too well: The U.S. construction industry has more worker fatalities than any other industry. It’s a statistic that many construction companies and...

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Price and payment: Getting it right in your construction contracts

When it comes to construction contracts, and the price you will charge for your work, there are certain things to consider beyond listing a figure on the first or second page of the contract....

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6 construction business risk areas you can’t ignore

Are you a risk taker? Or do you avoid risk at all costs? Chances are if you own, or work, in a construction company you have a greater tolerance for risk than most business leaders. Construction by its...

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