Large construction projects can benefit from a Controlled Insurance Program (CIP), also known as a “Wrap Up.” In this arrangement, a single party, either the owner (OCIP) or the general contractor (CCIP), acquires consolidated insurance for all participants working on-site during the construction period.
The overall goal of a CIP is to decrease the cost of insurance premiums ultimately…

Clients frequently ask about getting attorneys’ fees from their adversaries in a construction dispute. I certainly understand the economics behind the question. Resolving construction disputes in any forum – mediation, arbitration, or court – can be an expensive proposition and require an investment in attorneys’ fees and costs. But, the right to recover fees and…

It’s not easy to get an audience with a state’s Supreme Court. By the time a case gets to a state’s highest court, the parties have spent significant resources and are on a collision course with destiny. They will either live or die at the hands of those who live mostly behind closed doors.
The…

Three things are certain in life: death, taxes, and change orders. There are very few projects that don’t have some measure of change or different site conditions which should result in adjusted compensation to a contractor and a change in scheduled date of completion. The change order process doesn’t begin when a potential change is…

It can be a true horror story when you learn that your construction contract been terminated for convenience. All the planning, hard work, anticipation of a “job well done,” and profit are lost due to circumstances completely out of your control. Although impossible to predict or foresee, the risk of premature termination cannot be overlooked.…

It can be a true horror story when you learn that your construction contract been terminated for convenience. All the planning, hard work, anticipation of a “job well done,” and profit are lost due to circumstances completely out of your control. Although impossible to predict or foresee, the risk of premature termination cannot be overlooked.…

Following the trend around the country regarding retainage practices, Missouri Governor Jay Nixon recently signed into law modifications to the Missouri Prompt Payment Act, §34.057 R.S.Mo. These revisions become effective August 28, 2014.
The revisions specifically address public works contracts and cap the amount of retainage that can be withheld at 5 percent. Public owners…