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Should You Terminate That Contract?

You’re upset with how you’re being treated on the job. Payments due are being disputed, unreasonably you believe. The schedule is out of wack and there’s no sign of it getting any better any time soon.  And changes continue to be requested. You think enough is enough and plan to just stop working until things are resolved to your satisfaction. But hold on – while this may give you some emotional satisfaction, it may not be the best idea. Ceasing work comes with very significant risks, and you could quickly find yourself on the other side of a lawsuit for big ... Read more

Can You Lien For Work Without a Signed Change Order?

Obtaining a signed change order can be harder than doing the actual changed work. As a result, you may get to the end of a job with a number of change orders that have yet to be signed. Can you lien for those amounts? This is a tricky question and is subject to some debate. But the most conservative answer is that you should only lien for work that is contained in a change order executed by all parties. What if you have other documentation (letters, emails, text messages) which supports your position, showing that the owner or contractor approved ... Read more

Why You Should Litigate Rather Than Arbitrate

Arbitration has been a popular dispute resolution option in the construction industry. It is, in fact, a standard provision within many construction contracts. Generally believed to be a simpler, faster and better option to resolve a difference of opinion, this has proven to not always be the case. These are 4 reasons why. No Longer So Simple. It was often thought that discovery had no place in arbitration. That is not true. Discovery in an arbitration proceeding can be as long and as expensive as it is in litigation. While the parties can indeed limit the amount and type of ... Read more