Three common contract terms—hold harmless, indemnification and duty to defend—are often found together, in statements such as this: “The undersigned agrees to indemnify, defend and hold harmless [NAME OF PARTY] … Read More
Are Liquidated Damages Always Enforceable?
Anyone regularly reviewing construction contracts will come across those dreaded liquidated damage clauses. They require contractors, and in turn subcontractors, to make significant payments to compensate for late completion of … Read More
Reducing Liability When Building Net Zero
Homebuilders are accustomed to managing expectations. They do this at the initial client meeting, when drafting contract provisions, and in all progress meetings. As the project moves from design to … Read More
The Personal Guaranty and Other Ways to Get Paid
Extending credit gives you an advantage over your competitors and increases sales. While this is very beneficial, especially in the construction industry, it doesn’t come without some risk. Extending credit … Read More
How To Deal With Pay-When-Paid in Florida
They are a big problem for all subcontractors and suppliers – those pay-when-paid provisions stating that payment won’t be due until and unless it is first paid by the owner. … Read More