
Latest Blog Posts
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Best Practice: Why Reusing Old Liquidated Damages Clauses Puts Owners at Risk
For private owners, liquidated damages clauses are meant to manage schedule risk. But when those clauses are recycled from old contracts (written for different projects, markets, and risk profiles) they can become unenforceable. Worse, they can backfire at the exact moment you need them most. The Problem: Familiar Language, New Risk Liquidated damages clauses appear…
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Industry Watch: New York’s Retainage Law Exposes a Bigger Owner-Side Blind Spot
Prompt payment laws rarely come up, until they’re violated. That was my first reaction reading New York’s latest retainage amendment. I’m not surprised by the law itself. I’ve been writing about prompt payment acts around the world for years. What struck me was how many standard construction contracts are likely out of compliance under this…

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