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).