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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 [...]
This article is the fifth in my series of discussions about contractual risk allocation. This installment focuses on force majeure clauses and discusses the manner in which certain contracts allocate the risks associated with force majeure. While occurrences of force majeure events are foreseeable, their type, scope, length, and overall [...]
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 [...]
Jeff Chapman and Caroline Hall will present two topics on Performance and Payment Bpnd Claims and the Litigation of Lien and Bond Claims on July 29 in Austin, Texas. Mr. Chapman will address the statutory regulations and constraints placed on sureties who issue construction bonds in Texas as well as [...]
New Water Infrastructure ProjectNorth Texas and the Upper Trinity Water Regional Water District are set to construct the first new water supply reservoir in decades. This article demonstrates the time required for planning, permitting, approval, construction, and use. New water supply and reservoir construction is not a quick process. Even [...]
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 [...]
I attended a convention last week whose attendees were primarily general contractors in the commercial side of the industry. These contractors generally build vertical structures on both publicly bid and privately negotiated work. I had discussions with contractors in both arenas about the fact that their subcontractors and suppliers were [...]