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Articles

  1. Got Insurance?

    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 […]

  2. Construction Warranty in 50 States

    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 […]

  3. Allowances, Alternates and Unit Prices

    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 […]

  4. Changes for New Jersey Contractors

    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 […]

  5. Home Solicitation Sales

    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 […]

  6. Oral Change Orders

    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 […]

  7. Fair Warning for New York Contractors

      The state of New York doesn’t license construction contractors. But don’t be confused. Staying out of legal trouble in New York isn’t simple. Here’s why:  

  8. 2014 Construction Contract Law

    Twenty-five states have made changes to construction contract law in the last six months. Some of these changes are trivial. Others will affect contracts for most jobs in a state. The highlights:

  9. Rocket Lawyer: Caveat Emptor

    Search for “free construction contract” on the Web and you’ll find Rocket Lawyer near the top of the paid ads. You’ll probably see claims in that ad: “100% free” and “binding in each state.” What could be wrong with that? I’ll count the ways. “Free” is a stretch. Rocket Lawyer is a relationship marketing company. […]

  10. Tilt the Contract Your Way

    All construction contracts are not created equal. Most attorneys will confirm that they could write a construction contract that either: Makes it nearly impossible to lose money on the job, or Makes losing money on the job almost certain. That’s called contract bias. Every construction contract has bias, favoring either the property owner or the […]

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