Preserving Your Construction Claim
Managing performance on a construction project is difficult when everything is going smoothly. When the inevitable unexpected event occurs that impacts the planned work or sequence of work it is…
Billable Hours And The Labor Theory Of Value
In 1865, Karl Marx postulated that the value of any commodity is determined by the amount of labor that was required to produce that commodity. Few, if any, economic theories…
The Power of Apology
In my experience, apologies in business or civil litigation mediation are the exception not the rule. There may be good reasons for this but you should never underestimate the potential…
Top Ten Construction Terms: Index
Although virtually any contract provision can impact the outcome of a dispute, most significant contract disputes are determined by how risks are allocated in a small set of clauses, our…
Power in Negotiation
Benjamin Franklin is credited with saying that "Necessity never made a good bargain!" In his wonderful book, Practical Negotiating, Tom Gosselin contends that "In negotiating, power is a function of…
Pay When/If Paid Clauses
Under North Carolina law, pay when paid clauses are unenforceable. Simple enough, in theory. To be more specific, "payment by the owner to a contractor is not a condition precedent…
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