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Waste Management Provisions for Construction Contracts Part 2

In part one of this two-part series, the Nashville contractor lawyers at Cotney Construction Law discussed the importance of representing waste reduction requirements in your contract. Additionally, we detailed the information that contractors should include when submitting a construction and demolition (C&D) waste management plan. Now, a Nashville contractor lawyer will continue to address the […]

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Waste Management Provisions for Construction Contracts Part 1

The contract established between an owner and a contractor should include provisions outlining acceptable waste management procedures. As a contractor, you’ll be the one dictating what happens on the project site, so it’s important to understand who is responsible for waste management or the lack thereof. Typically, the owner is responsible for determining how waste […]

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What Makes a Contract Unenforceable

In simple terms, contract law governs creating and enforcing agreements. Contracts are critical but complicated components of the construction process. Construction professionals should be aware of and understand the formation of contracts and their key elements. If you lack confidence in your ability to understand the ins and outs of a contract, you should always […]

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Essential Elements in Construction Contracts Part 5

In this five-part series, the Orlando construction lawyers at Cotney Construction Law are discussing essential elements that should be featured in your construction contracts. In sections one, two, three, and four, we covered a variety of topics from pricing to delays. In this section, we will focus on identifying the work required for the project. […]

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Essential Elements in Construction Contracts Part 4

In this five-part series, the Orlando construction attorneys at Cotney Construction Law are discussing essential elements that should be featured in construction contracts. In parts one, two, and three, we covered everything from change orders to excused delays. In this section, we will focus on one of the most crucial elements in a contract: pricing. […]

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Essential Elements in Construction Contracts Part 3

Many experienced contractors make the mistake of verbally agreeing to perform work on a project without a written contract in place. Although conversing with an owner is a great way to begin the negotiation and collaboration process, without a contract, memories can become hazy when disputes arise. When a significant sum of money is on […]

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Essential Elements in Construction Contracts Part 2

As we discussed in the last section, when a contractor agrees to work on a construction project, it’s important that they have clearly defined the terms of their agreement with the owner. Without a concise contract, neither the contractor or owner may have a clear understanding of their expectations working on the project, their legal […]

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Essential Elements in Construction Contracts Part 1

No matter the size of a project, anytime you are hired for a construction job, you are entering into a business transaction. Establishing a written contract before beginning work sets forth the expectations of the project and the responsibilities of each contracting party. In this five-part series, our Orlando construction lawyers will discuss several essential […]

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The Securing the Parties’ Performance Provision Part 1

The Securing the Parties’ Performance Provision is a common contractual device utilized by owners to bolster confidence in the contractor. This provision can be used to accurately detail your credit relationship with an owner. Similar to the Performance Duties Provision and Payment Provision, the Securing the Parties’ Performance Provision is largely concerned with guaranteeing payment […]

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The Securing the Parties’ Performance Provision Part 2

Construction projects are an immense undertaking that require close collaboration between an owner and a contractor. In a perfect world, owners would continually dish out money until the project was completed. Unfortunately, contractors and owners vie for profitability throughout the building process. Contractors don’t want to be underpaid, and owners don’t want to be forced […]

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