Settling construction disputes

Alexander Barthet Construction, Disputes Leave a Comment

There is no running away from the fact that we live in a highly litigious society, and there is no question that having to file a construction lawsuit to enforce your rights or being brought into a lawsuit to defend yourself is at best an expensive proposition and at worst a gut wrenching experience. Even if you are able to …

Alexander BarthetSettling construction disputes

Pay-When-Paid and Pay-If-Paid Provisions: How to Overcome Them and Recover [VIDEO]

Alexander Barthet Construction, Contracts, Disputes, Pay-when-Paid, Payment Leave a Comment

A pay-when-paid (or pay-if-paid) contractual provision exists in almost every construction contract that comes across my desk, and it probably exists in almost every contract that you sign. So let’s define what it is. A pay-when-paid provision is a contract provision that shifts the risk of nonpayment from one party to another. As an example, with such a provision in …

Alexander BarthetPay-When-Paid and Pay-If-Paid Provisions: How to Overcome Them and Recover [VIDEO]

4 Things To Do Before Walking Off a Job

Alexander Barthet Construction, Contracts, Disputes, General Contractor, Subcontractors, Termination Leave a Comment

Whether you’re unhappy with the number of changes being made to the scope of work, with the attitude of the owner or design professional, or just burnt out, you need to think twice before walking off a job. If you have a construction contract in place, you’ll likely be in breach and could be sued. If this happens you may …

Alexander Barthet4 Things To Do Before Walking Off a Job

Design Defects: All for One, One for All

Alexander Barthet Construction, Contracts, Damages, Default, Disputes Leave a Comment

It is generally assumed that the duties associated with the professions of architecture and engineering are as distinct as are the two disciplines. An architect focuses on the design of a building, making certain it is aesthetically pleasing, while an engineer assures that a building functions properly. However, Florida construction law shows that such a strict division of responsibilities may …

Alexander BarthetDesign Defects: All for One, One for All

Sacked For a Better Deal: Termination for Convenience

Alexander Barthet Construction, Contracts, Disputes, General Contractor, Payment, Subcontractors Leave a Comment

Being let go is never convenient but it can happen, especially on certain construction projects. This is because the applicable subcontractor agreement may contain language which allows a contractor to fire a subcontractor at any time for no specific reason. Called termination for convenience provisions, these are sometimes triggered when the contractor finds another subcontractor willing to do the same …

Alexander BarthetSacked For a Better Deal: Termination for Convenience