Are you helping your Project Managers and Superintendents understand your contract?
The bidding and contract process is often totally separate from the job-site environment. This can make it difficult for project managers and superintendents to keep track of key contract provisions, especially when the contract form in question is new to them. Since field personnel are busy with the work, and are under a lot of… Read more
The Importance of the Contractor’s Daily Report
Ten years ago, when I was a second-year law student, I recall being told by numerous law professors that we’d be living in a paperless world by 2010. While it is true that information continues to be shared, reported, and compiled digitally at an ever-increasing rate, it seems the amount of paperwork required to complete even… Read more
Are Certificates of Insurance Enough?
Contracts usually require contractors and subcontractors to carry certain types of insurance with stipulated coverage limits. In most of the contracts that come across my desk, the owner or contractor simply require the contractor or subcontractor to provide a certificate of insurance to confirm and verify that the required insurance coverages are in place. If… Read more
Is Your Arbitration Clause Enforceable?
The South Carolina Supreme Court recently addressed the enforceability of an arbitration clause in a sales contract between a home buyer and a developer general contractor. Gregory W. Smith vs. D.R. Horton, S.C. Supreme Court Opinion No. 27645. The arbitration clause stated that the parties agreed to arbitrate any claim arising out of the construction… Read more
The Ins and Outs of Construction Licensure
Contractor licensing requirements vary widely from state to state and are very state specific. In some states you have to obtain a contractor’s license before you start work. In other states, such as South Carolina, you have to obtain a license prior to offering to do work, otherwise it is a violation of the licensing… Read more