When confronted with a subordination clause in a construction contract, contractors will receive conflicting advice from lawyers and business managers. If the clause is legal in a contractor’s jurisdiction, he’ll need to consider whether it is worth it to antagonize a client.

In part, implied warranties ensure that homebuyers are protected from poor-quality construction. Make sure your contracts do not have lopsided waivers and provisions that make them unfair to your customers.

Dispute resolution of construction contracts, design professional contracts and other related documents often comes through arbitration or litigation. Dispute resolution clauses should be drafted carefully, consistent with applicable law, to include arbitration if so desired.

Who is responsible for what is in shop drawings? Read on to discover how design professionals can be liable for the contents of shop drawings if they don’t meet the standard of care in specifying materials and manufacturers.

Subcontractors should be aware of state consumer protection laws as they can be used against them in a breach of contract situation. Read on for the result of a Connecticut case where a subcontractor defrauded a general contractor out of a 30 percent deposit.

Before ending a contract, make sure you or your attorney understand the terms dictating when termination is warranted. 

Limitation of liability clauses are added to project contracts and shift the risk of misconduct perpetrated by design professionals, such as architects and engineers, to the building owner.

Since not all construction law attorneys know the ins and outs of bankruptcy law, and vice versa, consult a bankruptcy attorney and a tax attorney for advice on how to protect your lien rights in the face of a bankruptcy filing.

More and more construction contracts include alternative dispute resolution clauses, providing for mediation, arbitration or even a hybrid of both, known as med-arb.

Whenever a client speaks to me for the first time about a potential construction case, I almost always ask them to prepare a “back of the envelope” timeline.