Modular construction projects involve complex commercial and legal issues that should be considered when drafting contracts. ConsensusDocs 753 addresses key issues of these hybrid transactions.
Mitigate Construction Risk Through Use of Contingency
Contingency is built into the bid to address unforeseen costs. The contract should address its permitted uses, whether owner approval is required, dispute resolution; and who gets any savings.
Understanding the Risks of International Construction
Contractors operating outside the U.S. face different cultural, compliance and cultural risks, due to differences in contracts, design responsibilities, processes and procedures, and dispute resolution.
Ensure Non-Compete Agreements Are Enforceable
Non-compete agreements are an important element in any employment relationship. Crafting them properly, however, can make the difference between success and failure in any enforcement action.
How to Structure Equitable Construction Deals
At the end of the day, deals get finalized because both parties have enough incentives to close. Buyers and sellers can benefit from understanding what’s motivating the parties on the other side of the table.
General Contractors Must Be Vigilant Regarding Contractual Duties
Determining a general contractor’s responsibilities and duties to a project and owner are crucial to understanding potential liability. Terms of the contract and applicable provisions for any given state are key.
Insurance Certificates: The Tip of the Iceberg
When it comes to general liability policy exclusions, it is imperative that contractors understand what their policy actually covers before they make a claim.
Waiver of Consequential Damages: The Most Important Provision in a Construction Contract
Detailed compromises on waivers of consequential damages may be commonplace in future construction agreements as contractors’ counsel may be wary of the risks assumed or transferred.











