PHONE: 512.872.3840
This article is the seventh in my series of discussions about contractual risk allocation. This installment focuses on differing site conditions clauses. Currently, a common approach to these clauses is to shift all-risk to the contractor. This shifting of risk is often reflected in both bid instruction and the general [...]
The Contractor’s Approach to Risk Allocation IV: Acceptance of Work Clauses This article is the fourth in my series of discussions about contractual risk allocation. This installment focuses on acceptance of work clauses and discusses the manner in which parties to the contract can best allocate the risks associated with [...]
The Contractor’s Approach to Risk Allocation III: Consequential Damages Clauses This article continues the series of discussions about risk allocation and the manner in which contractors can use various contract clauses to more equitably assign risks inherent in the industry to parties best suited to accept [...]
The Contractor’s Approach to Risk Allocation II: Indemnity Clauses This article continues the series of discussions about risk allocation and the manner in which contractors can use various contract clauses to more equitably assign risks inherent in the industry to parties best suited to accept risk. One clause [...]
Blocking and Tackling. It’s football season, so a discussion of fundamentals essential to successful performance is worth having. Sound fundamentals are equally important in football and in business. The fundamentals of performance and management are vital to success, but because they tend to be basic, they can often be overlooked [...]
In my previous post on this issue, I discussed HB 586 that was making its way through the 83rd Regular Session of the Texas Legislature. As it turned out, the bill went through some significant revisions before it was ultimately passed and signed into law by the governor. In outline [...]
In my previous post, I commented on arbitration and whether it still deserves to be the go-to procedure for binding dispute resolution in construction contracts. Carrying that post one step back into the dispute resolution process, parties to construction contracts should also consider the procedures they create for non-binding dispute [...]