Do You Arbitrate or Litigate?

Contractors and their lawyers understand arbitration is often the preferred method for the resolution of a construction dispute. It is a standard clause in most construction contracts. But what happens if an agreement is not very clear and the parties are uncertain if their disagreement is to be presented to an arbitration panel or to a court. Who gets to make the decision as to where the dispute is heard? A recent case provided an interesting answer. The supplier of impact resistant doors and the general contractor on a hi-rise project had a difference of opinion over timely delivery of ... Read more

3 Scary Clauses in Construction Subcontracts

With no letup in sight in South Florida construction, subcontractors in all disciplines are being asked by busy general contractors to bid on both residential and commercial projects. And once their bids are accepted, subcontractors are given a subcontract to sign – a subcontract that is often not read or completely understood. Subcontractors should know that there are three clauses in most all subcontracts which could create significant risks. PAY-IF-PAID: Getting paid may be the most important part of any job, and not getting paid could easily bankrupt a subcontractor. Yet in most every subcontract is a pay-if-paid provision stating ... Read more