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Industry Watch: Prompt Payment Laws in Construction — Recent Cases Owners Can’t Ignore
On a Massachusetts project, an owner thought it was “just” behind on paperwork. Instead, a court found it had breached the Prompt Payment Act, deemed seven applications approved, and ordered payment of more than $4.6 million — before the owner’s own claims were even heard. That’s exactly what happened in the Tocci Building Corp. v.…
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Industry Watch: Rethinking Contract Risk, Beyond Schedule-Based Liquidated Damages
I have reviewed many construction contracts over the years.Most of them focus on dates and delay.Very few speak to the risks that cause the greatest harm to owners. Problem and Context A recent Lexology article on data center construction risk offers a strong introduction to liquidated damages, force majeure, and indemnity. It is a useful…
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Industry Watch: Why Small Decisions Derail Projects — And How Owners Can Stay Ahead
A friend of mine is in the middle of a kitchen remodel, and the project has taken a familiar turn. What started as a simple upgrade has become a slow drift into frustration — unclear scope, incomplete design decisions, and a growing list of misunderstandings. Listening to him describe the situation reminded me just how…
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Commentary: Understanding the Owner’s Rep vs. Project Manager in Commercial Construction
Recently, I was brought in to evaluate a client’s capital program. On paper, everything looked fine—healthy budgets, a seasoned leadership team, and a strong pipeline of commercial projects. But the moment I stepped inside the organization, the real problem was obvious:There was no project management layer at all. Internal staff—smart, committed professionals—were being labeled as…
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Industry Watch: AI in Construction Disputes Is Only the Beginning
The construction industry rarely moves first with new technology. It waits.It watches.Then it adopts, carefully, and usually late. That’s why a recent announcement from the American Arbitration Association’s International Centre for Dispute Resolution (AAA-ICDR) deserves attention. Not for what it solves today, but for what it signals next. AI is no longer staying on the…
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Industry Watch: How CCDC 5B-2025 Signals a More Modern and Collaborative Construction Contract
I’ve spent years treating pre-construction as its own phase of work. On many projects, that simple distinction improved clarity, reduced friction, and strengthened owner–contractor relationships. So when I reviewed the 2025 update to CCDC 5B, I recognized familiar territory. Many of the contract revisions reflect practices I’ve used for a long time. They aren’t perfect,…
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Commentary: When Owners Lose Their Delay Protections — A Cautionary Tale in Design Discipline
I’ve seen this pattern far too many times.An owner pushes hard on schedule, accelerates design, and assumes the team will “figure it out in the field.”Then the project hits a wall of changes, delays, and finger-pointing. All of this could have been prevented with a more disciplined design phase. A recent New York Appellate Division…
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Commentary: Professionalism Isn’t Optional — Even for the Biggest Owners
I still remember the phone call.The owner on the other end was furious — loud, profane, and looking for someone to unload on. I happened to be the unlucky junior architect who picked up the phone that day. I had nothing to do with the issue he was upset about, but I let him speak.…
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Best Practice: 5 Mistakes Owners Still Make When Bidding Construction Projects
Every owner wants a fair, competitive bid.Yet most of the problems I see on projects trace back to what happens before the first shovel hits the ground — during procurement. Owners influence project outcomes more during the bidding phase than in any other stage of work. Unfortunately, this is also where most go off course.…
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Best Practice: Where Contractors Hide Profit (and Why It Shouldn’t Be a Secret)
Every procurement professional has seen it.A low bid that grows legs once construction begins.Margins shift, allowances shrink, and suddenly “cost exposure” becomes the excuse for overruns. It’s easy to blame greed. But in my experience, hidden profit is more about structure than deception. Problem & Context The construction industry still resists transparency. While owners demand…