Articles by Trent Cotney

Employers should take proactive steps to ensure employee safety — and document their efforts.

Liquidated damages are a fact of life in modern construction contracting. However, even if your contract contains a liquidated damages provision and the owner has assessed liquidated damages, that does not mean the assessment is valid or enforceable.

Owners routinely insert disclaimers and limitations of liability clauses in contracts that may limit or bar a contractor or subcontractor’s ability to collect additional compensation for work performed because of unexpected conditions and delay. This article will focus on one type of disclaimer - the “no damages for delay” clause.

With increasing regularity, construction contracts are providing for the resolution of disputes through arbitration, rather than litigation through the court system. For example, the American Institute of Architects (AIA) 1987 and 1997 contracts contain a provision which requires arbitration through the American Arbitration Association (AAA).

In construction contracts, the contractor is frequently required to notify the owner in writing of differing site conditions, changes in the scope of work, unforeseen delays, extra work and breaches by the other party. These notice provisions often contain a deadline for the notice to be given to the other party. For example, a contract may require the contractor to notify the owner in writing within 21 days from the occurrence of the event giving rise to a claim for additional compensation, extra time or relief under the contract. If the contractor fails to provide notice within the deadline, the contract may state that the contractor’s claim against the owner is waived. This article will focus on exceptions to the notice provision and circumstances where the notice provision is waived because of the acts or omissions of the owner or the owner’s representative.