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Contracts

8 Ways to Create a Strong Construction Contract

An effective construction contract can help protect your company against legal problems if a relationship with a business partner goes awry. Having an enforceable contract with clearly outlined expectations can only benefit all parties. In this editorial, a Greensboro construction lawyer will give you some tips on how to create a strong construction contract. 1) […]

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Anticipatory Breach of a Construction Contract: What Is It?

The anticipatory breach of a construction contract can have significant ramifications for your company, regardless of which party will fail to fulfill their obligations. In a worst case scenario, an anticipatory breach can be a costly endeavor and may require legal action to resolve. In this editorial, a construction lawyer in Wilmington, NC, will define […]

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The Key Contract Provisions Needed to Combat Coronavirus

Roofing contractors across the United States are facing a variety of issues arising out of COVID-19 (Coronavirus).  These issues range from delay in obtaining certain materials – especially materials sourced from China – to suspension of projects.  In the last week, we have been involved with more than two dozen suspended or cancelled projects as […]

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How Poorly Drafted Construction Contracts Lead to Litigation

Contracts are the main determinant of construction disputes and related legal actions. You know this. Our Memphis construction attorneys know this. And so do project owners. In order to ensure the best possible outcome for themselves, owners often pressure contractors into signing contracts that are one-sided, designed to shift blame away from the owner no […]

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Is a Construction Delay a Breach of Contract?

Delays are an ever-present concern in the construction industry. Despite their best efforts, contractors can face delays as a result of budget issues, inclement weather, or the negligence of other parties. When delays begin to pile up, it’s not the strain on labor or resources that’s always the main concern but the possibility of litigation.  […]

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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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