Retainage: How to get some when you’re halfway done

Alexander Barthet Contracts, General Contractor Leave a Comment

If you’re working for a public entity which is holding a large retainage, be aware that at 50 percent completion “… a public entity must reduce to 5 percent the amount of retainage withheld from each subsequent progress payment made to the contractor.” Generally under construction contract law, the term “50-percent completion” means the point at which the public entity …

Alexander BarthetRetainage: How to get some when you’re halfway done

Contract Disclaimers in Sales Agreements

Alexander Barthet Contracts, Disclaimer Leave a Comment

A salesman told a homeowner that once the alarm and fire detection system he was selling was in place, she should never have to worry about losing her house to a fire. He explained that if a fire ever started, the system was set up to alert her as well as the closest fire station. Convinced, the homeowner signed on …

Alexander BarthetContract Disclaimers in Sales Agreements

Bid Rigging

Alexander Barthet Construction, Contracts, Subcontractors Leave a Comment

There are different ways to rig a bid. Contractors get together and illegally collude to control the bidding process. There is bid suppression where someone agrees not to bid so another can obtain the award; there is also bid rotation where contractors take turns winning the award, usually have all but one bidder intentionally bid too high a price. Both …

Alexander BarthetBid Rigging

4 Required Construction Contract Disclosures: Lien Law, Construction Defects and More [VIDEO]

Alexander Barthet Construction, Contracts, Defects, Liens, Video Leave a Comment

There are four very specific disclosures that may be required by the law to be in your construction contract.

Alexander Barthet4 Required Construction Contract Disclosures: Lien Law, Construction Defects and More [VIDEO]

Construction defects or mistakes in construction: when and how to fix

Alexander Barthet Claims, Construction, Contracts, Defects, General Contractor Leave a Comment

Contractors who discover construction defects or mistakes in their work face two challenges: ignore them and risk liability, or fix the problems and risk destroying evidence – also known as “spoliation.” If litigation develops down the road, contractors that destroy evidence – even with the best of intentions – can wind up paying damages in court. Repairing faults in construction …

Alexander BarthetConstruction defects or mistakes in construction: when and how to fix