“I need a rock clause.” I got that request earlier this month. I think you need a rock clause too. Here’s why. The name ”rock clause” comes from a common construction problem – rock where no one expected rock. If you do much excavation, you understand the problem: a ledge of rock or hard pan, […]
Articles
- 12 Jan
- 12 Aug
I had an interesting question last week from Bryan, a Tennessee contractor. Bryan wondered why any contract needs to say that changes require mutual agreement. Isn’t that the law? Better to keep contracts short and sweet. Anything in a contract about changes requiring mutual agreement is surplus. Right? Bryan acknowledged that some owners can’t resist […]
- 12 Aug
Every contractor doing roofing or siding work in New York got a new challenge last month. NY General Business Law, § 770(8) and § 771-b set new standards for roofing and related work. To earn the right to collect on the job, your contract has to include new disclosures. The new law is fairly detailed. […]
- 30 Jun
News Headline: US housing starts drop to the lowest level since 2015. Government restrictions, lockdowns and a slowing economy have added a layer of problems for residential contractors. When work slows, income dries up. Expenses like debt service and overhead continue as if nothing had changed. Too much of that can stress any construction company. […]
- 17 Jun
Contractor Liability for COVID-19 Claims Who pays when someone on a construction site gets sick or dies from COVID-19? Long after the pandemic has passed from headline news, lawyers for plaintiffs and defendants will be battling over this issue. But I see a more immediate question: What can contractors do right now to avoid COVID […]
- 28 May
Question: “My client wants a completion deadline written into our construction contract. What should I do?” My advice: Avoid committing to a firm completion date. Instead, lay out a proposed schedule – beginning date, milestones, completion estimate. Explain the contingencies you can’t control: weather, permits, inspections, changes, labor and material shortages, conflicts between trades, etc. […]
- 5 May
Construction Contracting After COVID-19 I’m a lawyer, not a doctor. Neither am I an economist. So, I’m not going to offer medical advice. And I’m not going to make any prediction about when the economy will recover. But this is clear to me. Post COVID-19, changes are coming. No industry is exempt, certainly not construction […]
- 20 Apr
Questions for HomeAdvisor If you do any residential work, you know the name. HomeAdvisor is a Web directory of local contractors. The idea behind HomeAdvisor is simple. Read what your neighbors say about contractors they know. Then get a quote from the contractor of your choice. HomeAdvisor traces its roots back to Angie’s List. In […]
- 9 Apr
Use T-I-L to Close More Deals Most contractors want to get paid when the job is done. That’s human nature. But it may not be the best way to do business. Ask any car dealer what would happen if every buyer had to pay cash on delivery. Sales would tank. Credit can create sales opportunities […]
- 26 Mar
As of this writing, governors of five states have issued “stay at home” orders. How many more states will do the same is anyone’s guess. So far, each of these orders is different. But all prohibit going to work – except for essential services. On that basis, nearly all construction jobs in these states will […]