Legal

A Hong Kong Construction Contract Offers a Lesson in Ambiguity to U.S. Contractors

Mon, 02 Mar 2026 00:00:00 -0500

Ten Tips for Avoiding Contract Litigation

Mon, 03 Nov 2025 00:00:00 -0500

Litigation is costly, risky, and often avoidable — by reading, understanding, and negotiating your contracts carefully, businesses can protect themselves, prevent disputes, and focus their resources on growth instead of the courtroom.

The Limits of a Contractual Waiver of Consequential Damages

Wed, 01 Oct 2025 00:00:00 -0400

I represent various industry players in construction contract negotiations and, invariably, at least one party wants a “waiver of consequential damages” clause in the agreement.

Lessons Learned from Differing Site Conditions Claims

Tue, 01 Jul 2025 00:00:00 -0400

Unexpected conditions below the surface can lead to major disputes. A recent case between Skanska Civil USA and the U.S. Navy reveals the high stakes of differing site conditions and the importance of thorough pre-bid review and due diligence.

Courts Decline to Enforce Lopsided Dispute Resolution Clauses

Thu, 03 Apr 2025 00:00:00 -0400

Attorney Steve Nudelman discusses a recent New Jersey appellate court decision in Lahoud v. Anthony & Sylvan Corp., which scrutinized an arbitration clause deemed one-sided in favor of the contractor.

Online Agreements to Arbitrate: What Plumbing Professionals Should Know

Mon, 06 Jan 2025 00:00:00 -0500

Columnist Steven Nudelman highlights the importance of understanding arbitration as a binding dispute resolution method and the potential limitations on legal rights when accepting digital contracts.

Litigation or Arbitration: Which is Better? You Be the Judge!

Wed, 02 Oct 2024 00:00:00 -0400

Every relationship, whether personal or business, starts with high expectations and the hope that everything will go smoothly as planned.

Don’t Be a Discovery Doofus

Wed, 02 Oct 2024 00:00:00 -0400

In litigation, courts view the failure to take discovery obligations seriously, such as failing to preserve electronically stored information.

Are Noncompete Clauses No Longer Enforceable?

Mon, 01 Jul 2024 00:00:00 -0400

Since April 23, when the Federal Trade Commission (FTC) announced its final rule regarding noncompete clauses, I have received numerous calls and emails asking if such clauses are no longer binding and effective.

Will Copyright Law Protect Design Professionals from AI Purveyors?

Mon, 06 May 2024 00:00:00 -0400

A pending federal copyright infringement lawsuit may be of particular significance for plumbing design professionals.

Mutual Waiver of Subrogation in Prime Contract May Not Protect the Subcontractor

Mon, 04 Mar 2024 00:00:00 -0500

Understanding waivers of subrogation and their effect on the contractor and subcontractor allows parties to construction contracts to better allocate their risk and negotiate the contract price. It is crucial to consult insurers before entering into such an agreement.

Focusing On the Law

Mon, 04 Mar 2024 00:00:00 -0500

Maybe it’s me, but nothing rings in the new year quite like a new batch of compliance regulations.

Copyright Infringement Ruling

Mon, 08 Jan 2024 00:00:00 -0500

On September 12, 2023, the Court of Appeals for the District of Columbia issued its opinion in American Society for Testing and Materials (ASTM) v. Public.Resource.Org, Inc., holding that non-commercial use of standards incorporated by reference into law is fair use and not copyright infringement.

To Arbitrate or Not

Mon, 04 Dec 2023 00:00:00 -0500

When it comes to arbitration in a contract dispute, it is important to remember to read the contract. Courts give parties wide latitude to structure their own arbitration agreement. Parties may agree on arbitration as a method of dispute resolution, the specific rules to be followed and the scope.

Proximate Cause Required to State a Claim for Professional Negligence

Mon, 02 Oct 2023 00:00:00 -0400

Looking back to a case from 1973, Steven Nudelman explains this negligence claim where a contractor was forced to pay for additional materials and labor because of an architect’s errors and omissions.

‘No Magical Language’ Required to Waive Rights in Arbitration Agreement

Mon, 07 Aug 2023 00:00:00 -0400

This case deals with arbitration and interprets certain provisions of a standard contract document published by the American Institute of Architects. While it involved a construction contract, the principles are also applicable to design professional contracts.

Implied vs. Express Contracts: Limited Recovery Based on Contract Terms

Mon, 01 May 2023 00:00:00 -0400

If you have an express contract with a construction firm, make sure you follow the terms carefully in order to get paid. Read on to see the differences between express contracts and implied contracts.

Subordination of a Mechanic’s Lien: A Business and Legal Decision

Tue, 07 Mar 2023 00:00:00 -0500

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.

Builder Beware: Disclaimer of Implied Warranties May Not Be Enforceable

Fri, 06 Jan 2023 00:00:00 -0500

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.

Contract for Arbitration With Care

Mon, 05 Dec 2022 00:00:00 -0500

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.

The Shop Drawing Liability Debate

Mon, 03 Oct 2022 00:00:00 -0400

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.

Consumer Protection Statutes Protect General Contractors, Too

Mon, 05 Sep 2022 00:00:00 -0400

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.

Terminate with Care: Avoiding Contractual Liability for Wrongful Termination

Fri, 05 Aug 2022 00:00:00 -0400

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

Even Limitation of Liability Clauses Have Limits

Mon, 04 Jul 2022 00:00:00 -0400

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.

Lien Claimants, Beware of Bankruptcy

Sun, 01 May 2022 00:00:00 -0400

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.

Arbitrate with Care to Avoid ‘Flimsy Post-Hoc Excuses’

Fri, 01 Apr 2022 00:00:00 -0400

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

Design-Assist: The Good, The Bad & The Ugly

Fri, 03 Sep 2021 00:00:00 -0400

It is an age-old dilemma in the construction industry: How do you construct a project properly, on time and under budget?

How To Protect Your Company From Cyberattacks

Tue, 01 Jun 2021 08:09:37 -0400

Is PR Part of Your Marketing Budget?

Tue, 01 Jun 2021 08:06:02 -0400

Use it to cultivate the image of the business and its owner as experts in the market. Potential customers view an article by a credible third party as more trustworthy than an ad. PR is a way to generate this kind of earned media exposure.

But I Didn’t Agree to Arbitrate — Did I?

Tue, 01 Jun 2021 08:02:53 -0400

To understand direct benefits estoppel and how it may impact your agreements, you may want to consult an attorney. At the very least, read through contracts thoroughly as the plain, unambiguous language of the parties’ agreement is going to trump principles of equity in the law.