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Commentary: Proactive Contract Writing Prevents Construction Problems Before They Become Claims
Over coffee the other morning, I was reading this Lexology article on data centre disputes: “Dispute resolution in data centre projects: Proactive strategies for a high-stakes environment”. It is written from a legal perspective. But the owner-side lesson is broader. Disputes do not usually begin when lawyers get involved. They begin much earlier, when project…
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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: Why Owners Must Treat Prompt Payment and Holdback Reforms as Strategic Risks — Not Just Legal Mandates
On a recent capital program call, an owner asked — “Are prompt payment laws really going to affect us?”The short answer: not just if you’re in Canada — but soon enough if you manage cross-border capital projects. Recent Canadian reforms aren’t isolated legal quirks. They reflect a global shift toward shorter payment timelines, stricter holdback…
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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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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: Employment Compliance Is Becoming a Procurement Risk — Not Just an HR Issue
Employment compliance has quietly moved from the back office to the jobsite. Owners are starting to feel it.Contractors are starting to worry about it.And procurement teams are increasingly being asked to manage the consequences. New employment verification requirements, combined with heightened enforcement activity, are changing how commercial construction projects should assess risk before contracts are…