Articles on Industry Issues

Payments & Payment Bonds

July 11, 2019

Subcontractors are inherently at risk of getting paid in a timely manner, or paid in full, or at all.  They need to know how to handle payment delays and non-payment, ensure they have copy of the Payment Bond, are assertive with regard to their payments due, and what protections and rights they have to induce payment. 

Contractors:  Beware Release / Waiver Forms!

April 2, 2019

Executing release waivers without understanding the consequences of doing so can prove costly.  Contractors need to carefully consider the release / waiver forms they receive, and consult with legal counsel early on before executing for payments or change modifications.  Release / Waivers should be viewed as administrative “Hazardous Materials”, and handled with care.

Prepare for a Bad Project! 

January 15, 2019

Some projects go bad, and when they do, they can take down one or more contractors in the process.  To protect themselves, Contractors need to be prepared before they start.  The best way to do this is to "Start every project as if preparing to file a claim." Here's how . . .  

REA & Claim Primer 

October 30, 2018

Unforeseen changes and unexpected project impacts will happen.  Every change on a Project is by definition, a departure from the contract baseline, whether acknowledged and modified into the contract or not.  The REA & Claim are the means to rectify these inequities.  This primer provides guidance on both approaches to equitable recovery. 

Federal Contracting:  Beware the Terminator

September 08, 2018

A "Termination for Default" (T4D) sounds as ominous as it is.  It is a serious action for the government to take against a Contractor. A Cure Notice or Show Cause Notice are clear red flags that the KO is planning a T4D, unless you can convince her otherwise. A T4D is a WMD to any contractor to its future government business, and must always be contested.

Contractor Self-Inflicted Wounds

June 2, 2017

Contractors may not be responsible for many of the project impact issues and events that arise, but they are responsible for their own missteps and what they fail to do properly. Sometimes contractors obstruct their own success and are damaged in result. It happens to the best!  (A lessons-learned listing for contractor consideration). 

Construction has a Project Failure Problem, and the Solution is . . .   (Upcoming)

Mission Control, I think we have a problem!  About 70% of projects fail to complete within budget and on time, and construction productivity has not increased in 80 years.  Despite all the investments and efforts to solve these problems, results have more or less remained the same. Previous solutions to date have offered little progress because they do not address the core problems.  This article presents an alternative view and solutions.