Articles

When was the last time you had a pleasant surprise on a construction project – something that cost less than estimated or was easier than expected? It’s probably been a while. Most surprises are bad news – extra work and higher cost. If you know a way to eliminate surprises, congratulations. You’ve got a rare […]

Disclaimer: Nothing in this blog should be interpreted as a substitute for professional advice from an attorney practicing in your community. Only local counsel can appreciate the business and legal environment under which a construction contract is drafted, negotiated and executed. Gary W. Moselle represents Craftsman Book Company, publisher of Construction Contract Writer.

You’ve heard an owner say, “I’m not going to pay until . . .” or “I’m a little short right now because . . .” or worse, “My attorney tells me . . .” Words like that are serious when a progress payment is late. But while work is still under way, you’ve got plenty […]

You finished the job last week. This week you get a call from the owner: The floor squeaks — or a door or windows doesn’t close quite right — or there’s a wet spot on the ceiling — or a pipe in the basement is leaking. If you’ve been in construction for a while, you […]

Insurance is like a hard hat – a good choice on nearly any construction project. But many contractors don’t have full coverage. Let’s take a realistic look at a contractor’s insurance options. We’re talking about two types of coverage; liability insurance and workers’ compensation insurance. Liability insurance protects the general public. If there’s a loss […]

Warranty isn’t a popular topic with contractors. Warranty claims come in two sizes, expensive and even more expensive. Worse, no one wins a warranty dispute. And there’s almost nothing a contractor can do to avoid warranty claims. Better to cross your fingers and ignore the subject. If that’s how you feel, keep reading. I’ll offer […]

Once a month or so I give a talk to a class of young men and women studying for careers in construction. I usually make a point that wasn’t true 50 years ago but is true now without question. Construction is a heavily regulated industry.Government takes an interest in every construction project, from the moment […]

The New Jersey legislature has been busy since Super Storm Sandy put damage repair on page one of the news. Legislators in Trenton have introduced over a dozen bills designed to change the way New Jersey contractors make a living. Don’t expect any of these to make your life easier. Here are highlights: S.B. 1769 […]

Have you ever bid a job without visiting the site? Not likely. Nearly every bid should begin with a job walk. All construction contractors understand that. But here’s something you may not understand. A contractor visiting the site before a residential contract is signed drops the job into a special legal category in nearly every […]

Every construction project deserves a written contract. For residential work, 31 states and the District of Columbia require a written agreement. But what about contract changes? Is a written change order required every time you do extra work? First, let’s be practical. Oral change orders are poison. The worst construction contract disputes I’ve seen are […]