Contracts are crucial components of the construction process, but they can be among the most complicated and controversial aspects as well. As the industry shifts to increasingly collaborative project delivery methods and adopts new materials and technologies, construction professionals need to stay up to date on the how the legal landscape is evolving — or not — to ensure their work is verified and protected.
Our monthly series, The Dotted Line, provides an in-depth look at the evolving world of construction contracts and project delivery. Here are those resources, in one place:
From bidding to closeout
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What makes a successful RFP
The Dotted Line: Beefing up Davis-Bacon compliance Read More >>
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How to negotiate the construction bidding process and avoid ‘a real nightmare’
Owners seek contractors who flesh out a detailed request, giving them a ready plan of attack if they win the project. Read More >>
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How to negotiate the construction bidding process and avoid ‘a real nightmare’
Contractors can often make mistakes during the early stages of a project — especially when they don't fully understand the scope of work. Read More >>
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Inside the ‘dance’ of subcontractor negotiations
Subs can attempt to negotiate for a wide range of items in their contracts, but general contractors say it all must tie into their agreements with the owner. Read More >>
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How effective contracts can ‘drive the train’ of the project closeout process
Finishing a project can be a complicated task if contractors don't think about closeout at all stages. Read More >>
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A successful project closeout 'starts at the beginning'
Planning and organization go a long way in keeping punch list items to a minimum and closeout documents organized. Read More >>
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How design-build can create a ‘symphony’ of collaboration
Experts from Mortenson and Clark Construction say if executed correctly, the design-build method can be successful for any project type. Read More >>
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Do lump sum contracts create a simple agreement or potential minefield?
The days of the lump sum contract being the most straightforward construction contract may be over. Read More >>
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How GMP contracts keep projects from endless ‘costs and costs and costs’
We look at the best times to use cost-plus-fee with guaranteed maximum price contracts, and what owners and contractors need to know. Read More >>
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Why collaboration is key to preventing 'a war' in cost-plus contracts
Although this contract approach comes with both positives and negatives for owners and contractors, it can be the best option when executed effectively. Read More >>
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Architects, contractors vie to be the owner's best resource
Some architects say the blurred lines between their responsibilities and contractor services are cutting them out of the design picture. Read More >>
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Understanding IDIQ contracting's win–win potential
The contract mechanism helps public agencies control their costs and allows contractors to benefit from a long-term supply of work. Read More >>
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How to prepare for a construction project audit
Project finances might be the first thing that comes to mind when it's time for a project audit, but they only represent one element of a comprehensive review. Here's a look at the big picture. Read More >>
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Why is design-bid-build still the No. 1 process?
Despite their benefits, collaborative project delivery methods haven't made a big impact on the use of the DBB process. Here are the reasons why. Read More >>
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How to manage the risks of delegated design
Taking responsibility for even a small portion of the design can expose contractors to increased liability. Here's how to limit the risks. Read More >>
Project delivery and contract type
Terms and conditions
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Putting together the pieces of a modular project contract
Despite prefab's popularity, many legal aspects of the dynamic building method are still being sorted out among industry and legal experts. Until then, the dotted line is sometimes a blurred line. Read More >>
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Why overlooking general conditions can derail a construction contract
Experts point to these four types of general conditions as crucial aspects of a project's success. Read More >>
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5 of the most commonly misinterpreted terms in construction contracts
From incorporation clauses to mechanics' lien language, legal experts explain the terms that create the most confusion among contractors. Read More >>
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What contractors need to know about the AIA's 2017 contracts revamp
The latest contract documents update, which occurs every 10 years, includes changes to insurance and bond provisions, termination fees and retainage. Read More >>
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How force majeure contract clauses can plan for the unexpected
Contractors who haven't examined their contracts could be in for a surprise if they expect financial compensation for many events that delay work. Read More >>
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4 ways to avoid suspension or debarment on federal contracts
It can be easier to comply with federal regulations up front than to deal with the fallout from debarment or suspension. Read More >>
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What construction companies should know about post-disaster FEMA contracting
Contractors considering registering with FEMA for disaster recovery work may want to explore other options. Read More >>
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4 reasons why construction companies should let an attorney review contracts
Some major contract provisions can bring a construction company to its knees if they go unaddressed by an attorney. Read More >>
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What contractors need to know about arbitration
When it comes to contract disputes, arbitration is sometimes the answer, even if it does not mean contractors will get an inexpensive and quick resolution. Read More >>
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How to make sure a contract protects your money
Contractors shouldn't hesitate to try to strike a better deal for things like change orders and retainage during contract negotiations. Read More >>
Navigating project challenges
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How to effectively manage an underperforming sub
One bad subcontractor can impact an entire project, so it's important to build protections into the contract and for both the general contractor and sub to know their responsibilities and options. Read More >>
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Mitigating the risks of technology
It's all about the allocation of risk, legal experts explain. Humans are responsible for computing errors just as they would be for a bulldozer mishap. Read More >>
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How construction firms can manage the ‘necessary evil’ of change orders
Although change order provisions are crucial in a contract, they can sometimes represent more of a trust issue than a legal issue. Read More >>
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Navigating construction disputes, from mediation to litigation
Contracts typically provide a variety of dispute resolution options, but all parties must know the cost and potential success of each method before forging ahead. Read More >>
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How employers can protect construction workers from external threats
Companies are going the extra mile to ensure their employees are safe from hazards ranging from roadside risks to job site crime. Read More >>
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How to avoid schedule delays through careful planning, effective contracts
Construction companies should determine the biggest risks to their schedules, steps to achieve timely completion and the legal consequences of failing to deliver. Read More >>
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How to juggle resources across projects and stay on schedule
Communication and planning are key for both general contractors and subs to stay on pace amid an environment of booming demand and limited resources. Read More >>
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How contractors can navigate local hiring requirements
Hiring quotas can sometimes put added pressure on contractors already grappling with a severe shortage in the available labor supply. Read More >>
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Mitigating the risk of unforeseen site conditions
If a contractor signs a contract stating it's responsible for all conditions before doing its due diligence on site conditions, a contract expert said, it should anticipate schedule-killing litigation. Read More >>
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4 answers to common collaboration hiccups
Design-build, integrated project delivery and other collaborative construction processes present myriad challenges, but several experts have outlined steps contractors can take to boost teamwork across stakeholders. Read More >>
Additional factors to keep in mind
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What contractors need to know about construction integrity monitoring
Owners are protecting their investment by hiring a second set of eyes to watch the project, and contractors just might learn something from the experience. Read More >>
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How to navigate ‘the 3 Cs’ of construction bonding
Payment and performance bonds aren't just for public projects anymore. Read More >>
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How training programs can 'fund the future' of a skilled workforce
Whether contract-mandated or company-driven, training programs play a critical role in pumping up the lean construction worker pipeline. Read More >>
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How to develop a collaborative team that wins bids
The most effective partners possess unique skill sets, have extensive lists of contacts and stay aligned with the project's overall goals. Read More >>
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Cultivating bid-winning relationships with public agencies
Effective communication and trust are keys to productive relationships with local and federal officials. Read More >>
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How to conduct business in a world of discrimination and harassment claims
Lawyers offer some practical advice for contractors to prevent and weather these claims, which they say for many companies are inevitable. Read More >>