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The Contractor’s Contingency: What Contractors and Construction Managers Need to Know and Be Wary Of

Published Date: November 15, 2023

This article was written for the ConsensusDocs newsletter and first appeared here. Contractors and construction managers who enter into cost reimbursable contracts subject to a guaranteed maximum price (GMP) are responsible for all project costs exceeding the GMP. For this reason, it is imperative that contractors negotiate and incorporate into the GMP a financial buffer that accounts for the unanticipated [...] Read More

Construction’s Growing Emphasis on Collaboration

Published Date: October 27, 2023

Paul F. Williamson, senior associate in Peckar & Abramson's Washington, D.C. office, has written "Construction's Growing Emphasis on Collaboration," an article for ABC of Metro Washington Chapter – Building Washington Magazine, Fall 2023 issue. This article discusses both private and public owners increasingly seeking to accomplish their construction objectives through collaborative means, whether using a progressive design-build (PDB), design-build (DB), [...] Read More

Are Pay-if-Paid Clauses Really Enforceable?

Authors: Stormy Mayfield,

Published Date: October 6, 2023

This article was written for the Texas Contractor and first appeared here. Contingent payment clauses exist in many Texas construction contracts. In 2009, the Legislature passed a bill that has become Chapter 56 of the Texas Business Commerce Code. That bill settled a long-running debate about the enforceability of “Contingent Payment” clauses. The bill was crafted through a grueling eight-session [...] Read More

Effective Strategies for Managing Subcontractor Enrollment in a Volatile Market

Authors: Brett J. Moritz, Ricky Robinson

Published Date: September 19, 2023

This article was written for the ConsensusDocs newsletter and first appeared here. The subcontractor enrollment process for contractors can be time-consuming and has the potential to delay a project before it starts. From verifying credentials, to negotiating legal terms, to defining project requirements, the entire process can take weeks, if not months. The delays present the possibility of variations between [...] Read More

Delay Damages for Early Completion

Published Date: September 15, 2023

This article was written for the Texas Contractor and first appeared here. Contractors are familiar with construction delays and the resulting claims. But what happens when a contractor finishes construction before the contractual deadline despite an owner-caused delay. May the contractor still collect damages for the delay? Consider the following hypothetical: Imagine a project with NTP on January 1 and [...] Read More