You Can’t Always Get What You Want – “Economic Waste” in Construction Defect Claims

The Rolling Stones’ Mick Jagger famously sang, “You can’t always get what you want, but if you try sometime, you’ll find you get what you need.” Jagger wasn’t singing about damages in construction defect litigation. But his message rings true, especially when the cost to repair a defect is high and the final product meets the owner’s requirements.

The goal of any construction project is to build a structure that meets the owner’s needs. If […]

By | February 17th, 2021 ||

Buy America—The Biden Administration’s Plan

The Biden Administration issued another executive order, this one focusing on the application and enforcement of the Buy America Act.  As the name indicates, the Buy America Act is intended to increase the amount of American goods used on and in government contracts.  President Biden’s executive order focuses on enforcement and the administration of the Act.

The most significant change created by the executive order is to create a Made in American Office (MAO) to better […]

By | February 10th, 2021 ||

How to Deal with the Dreaded Pay-if-Paid Clauses

It seems that more and more general contractors are using pay-if-paid clauses in their construction contracts.  Pay-if-paid clauses are some of the most controversial and heavily negotiated clause in construction contracts.  This article will explain what pay-if-paid clause is and provides some guidance on how to negotiate around these difficult clauses.

A pay-if-paid clause, if properly drafted, pushes the risk of non-payment from the general contractor to you.  The clause will first make clear that […]

By | January 27th, 2021 ||