A construction project can be delayed for a multitude of reasons. Where the cause of the delay is not force majeure, or other excusable delay by a contractor, and where the contractor has some fault, what level of actions must a contractor take to satisfy the terms “best efforts” or “reasonable efforts” or “commercially reasonable efforts” often used in the ‘efforts
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Another Risk Management Tool for Private Owners in a Volatile Construction Market
Traditionally, private owners of construction projects have not considered bonds — either payment or performance bonds by the general contractor — because of the additional cost and because they felt confident that the contractors and their subcontractors, suppliers and vendors on their projects would meet the obligations of the contract terms. However, in today’s volatile market, with the uncertainty introduced…
Three Tips for Owners and Contractors to Improve Their Odds of Success in 2021
While all of us begin 2021 still confronting the challenge of COVID-19, construction project owners face particular pandemic-related issues in their industry, including the need to maintain strict best practices for projects and manage scheduling and labor challenges for existing and new projects. In my latest article for the Daily Journal of Commerce, I provide owners and contractors with three…
Understanding This Pension Rule May Help Contractors Avoid Costly Liability Assessments
This post was guest authored by Stoel Rives employee benefits attorneys Bethany Bacci and Abbey Hendricks.
If you use union employees in your projects, you may contribute to a multiemployer pension plan—perhaps a few cents or few dollars per hour worked. However, some employers are surprised to learn they could be assessed with “withdrawal liability” that greatly exceeds their negotiated…