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Contracts

Worst-Case Scenario: The Construction Contract

General contractors and subcontractors alike can find themselves in a difficult position as a result of their construction contracts. When delays, defects, and disputes emerge on a project, it’s your contract that will determine the outcome. Unfortunately, many contractors fail to prepare for the worst by failing to acknowledge the weight of these all-important documents. […]

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3 Questions Every Contractor Should Consider Before They Sign a Contract

We’ve said it a thousand times before and we will say it again: the construction contract is king. At Cotney Construction Law, our Memphis contractor lawyers provide a variety of helpful services to construction professionals in relation to their contracts. From the negotiation process to the final product, we help every step of the way […]

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Avoid These Construction Contract Tricks and Loopholes

If an item is omitted from a contract or the language is vague, this can be considered a contract loophole. A contract loophole may seem harmless at the time a contractor puts pen to paper, but it could have serious ramifications down the road. In this editorial, we will discuss some of the most common […]

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Breach of Contract and Construction

When a binding agreement is not honored, this is considered a breach of contract. In this brief article, we will explore some scenarios in which a construction professional may be able to step away from a contractual agreement that another party has violated. Remember, the best way to avoid breach of contract situations is to […]

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Are Payment Clauses Featured in Your Construction Contract?

In some cases, a crucial contract clause is omitted. In other cases, the contract language is unclear. In either case, one party may be deliberately crafting a contract that has loopholes to deceive the other party. Most contract loopholes exist so that one party doesn’t have to abide by strict requirements within the contract. Of […]

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Are You Ready to Secure More Government Contracts? Follow These Tips

The federal government and state governments award billions in construction contracts to construction businesses every year, providing contractors with the opportunity to take part in projects that are as important as they are lucrative. According to the Federal Procurement Data System (FPDS), the combined value of awarded contracts for the twenty federal agencies that spent […]

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4 Construction Contract Mistakes You Never Want to Make

As a construction business owner, your attention may be on project performance, business strategy, and steady growth; however, you never want to overlook what’s right in front of your nose. A poorly worded contract on your current project can lead to a dispute that eats away your cash flow and impacts your backlog of projects. […]

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Why Contractors Should Avoid Fixed-Price Contracts

Contractors have a lot of options when it comes to the contracts they sign, including those relating to payment. Each type of construction contract has its own strengths and weaknesses, but not all contracts are created equally. In this article, a Fort Lauderdale construction lawyer will explain why contractors should avoid fixed-price contracts at all […]

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Does Your Construction Contract Protect Your Payment Rights? Part 2

In part one of this two-part article, we discussed how contract provisions can have a significant impact on your right to pursue payment on a construction project. Below, we continue our discussion by covering delays and North Carolina retainage laws. As a contractor, you must be aware of not only provisions related to payment but […]

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Does Your Construction Contract Protect Your Payment Rights? Part 1

Many contractors are known to bet it all on a single project in the hopes that the significant resources they invest will pay dividends by project completion. While you should hope for the best, you must plan for the worst: a vicious payment dispute. The best way to combat a payment dispute is to prevent […]

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