Why words matter (aka Shakespeare for Architects & Engineers) (Law note)

“What’s in a name? That which we call a rose By any other name would smell as sweet.” Romeo and Juliet (II, ii, 1-2) Words do matter.  In the context of construction law, there are some words that you should avoid at all costs.  Top of the list is the word inspect.  If your contract […]

The Expert Weighs in on construction contract “orders of precedence” (Guest Post)

This past week, my post on the concept of contract “orders of precedence” generated a lot of comments and feedback from blog readers.  One reader, an expert in MasterSpec documents, weighed in with a weighty response that deserved a post of its own.  What follows is a Guest Post by Phil Kabza, FCSI, CCS, AIA.  Phil is […]

Yes? Never? Maybe? Contract Clauses for Architects & Engineers (Tue Tip)

Make plans to attend a free webinar specifically for design professionals.  Entitled “The Bright Gray Line: “Yes”, “Never”, and “Maybe” Contract Clauses for Design Professionals (and how to find the difference)”. The presentation will highlight challenging contract clauses and approachs to evaluating, negotiating, and managing those clauses.  Among the clauses which will be discussed are those relating to indemnity, […]

Engineering Firms in the Cross-hairs

Two national engineering companies are in the cross-hairs of the Delaware Department of Transportation. The Delaware Department of Transportation (DelDOT) has filed suit against Florida-based Figg Bridge Engineers and its subcontractor, Atlanta-based Mactec Engineering, for alleged geotechnical engineering errors involved in a failed effort to build a new bridge over the Indian River Inlet in Sussex […]

Should I stay or should I go now? (Court vs. Arbitration)- Updated

Should I stay or should I go now? If I go there will be trouble And if I stay it will be double So come on and let me know! Are you wondering whether Court or Arbitration should be made a standard part of your construction contracts?  With apologies in advance to The Clash, there […]