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Best Practice: Differing Site Conditions Are an Owner Risk Before They Become a Contractor Claim
I was recently contacted about a site in Philadelphia. The owner had purchased a corner lot at a prominent intersection. The site had clearly been developed before. In its current condition, it had a large concrete pad and two dilapidated buildings connected to each other. The owner’s plan was simple. Demolish what is there and…
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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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Commentary – Owner Financing Clauses in Construction Contracts Are Not Boilerplate
Most owners overlook this construction contract risk In a recent contract review, I found a redline that should concern every owner, project manager, and procurement professional. The contractor had taken the owner’s obligation to provide evidence of financial arrangements and turned any breach of that clause into a material breach. That is not a small…
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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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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: 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,…