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Important Clauses for Your Nashville Construction Lawyer to Review Part 3

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In parts one and two of this three-part series, a Nashville construction litigation attorney covered five types of clauses that can commonly be found in subcontractor contracts, including:

  • Scope of Work
  • Change Orders
  • Flow-Through
  • No Damages for Delay
  • Contingent Payment

Now, we will conclude this comprehensive series by detailing lien waivers, indemnification, and dispute resolution procedures. Information regarding these three important aspects of construction is often contained in various clauses sprinkled throughout your contract. Signing your name on the dotted line without being fully aware of the implications of your agreement can cause your business to unravel at the seams. Don’t fall victim to contractual negligence, consult our Nashville construction litigation attorneys.

Lien Waivers

Although lien laws vary by state, you never want to waive your lien rights in the pursuit of a lucrative contract. Subcontractors often find that their lien rights have been waived when they need them most. The ability to file and enforce a mechanic’s lien is one of the strongest weapons in a subcontractor’s arsenal, and you should be steadfast in your resistance to give up that right, regardless of how it affects your ability to work on a project. It’s simply a risk that is not worth taking.

Indemnification

Indemnification refers to the process of allocating liability to one party or another. This process is highly regulated by states to ensure that fairness is supported and fault isn’t shifted to a party that had nothing to do with a project’s downfall. The three types of indemnity clauses include limited, intermediate, and broad. An experienced Nashville construction litigation attorney can gauge whether or not your contract’s indemnity clause is worthy of concern, and provide a revised contract if required.

Dispute Resolution

Disputes are common in the construction industry, so it’s important to have a set of guidelines in place to help streamline the dispute resolution process to ensure that projects advance according to plan and meet all deadlines. There are many types of dispute resolution, including mediation, arbitration, and litigation. Some of these processes result in binding decisions, while others are more formal in nature. There are merits to each process, which a Nashville construction litigation attorney can walk you through while reviewing your contract. One thing is certain: you need to be able to estimate the cost of dispute resolution to ensure that your company is capable of taking on a potential dispute. Clearly worded contracts should help you achieve that goal.

If you would like to speak with one of our Nashville construction litigation attorneys, please contact us today.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.