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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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Commentary: Why “Go Slow to Go Fast in Construction” Is Procurement’s Job Now
Over coffee the other morning, I was reading a Lexology article on construction disputes. It echoed something I wrote on my own blog almost two years ago. We keep learning the same lesson: every time we skip a step, we buy trouble later. You hear the phrase “go slow to go fast in construction” more…
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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…