Design Contracts

The sudden popularity of all things green is exposing builders — whether they know it or not — to new legal risks. There are risks associated with drafting the contract, navigating the permit approval process, and resolving disputes over projects that fail to achieve their sustainability goals. More

There are a number of ways to terminate construction contracts. Spec builders have it easy — their contracts typically allow them to terminate problem customers at their own discretion by notifying the customer and refunding what has been paid. They can then sell the house to another buyer. This isn’t an option for remodelers. More

Earlier this year, a friend of mine had an interesting conversation with a young man who was subcontracting for a GC. The contractor owed the young man a pile of money and my friend was concerned. But the young man assured him there was nothing to worry about, because the contractor was a pal and would never stiff him. “Besides,” said the young man, “I can always put a lien on the property.” More

One question I hear fairly often from builders is, “Can a contract with a client be enforced if it’s not in writing?” The short answer is yes, it can. Back in the days when I worked at the legal shark shop, we enforced unwritten contracts all the time — though we sometimes ran into problems. More

Contractors tend to avoid calling for legal help. Partly this is because they're used to solving their own problems, and partly it's because they don't want to rack up attorney's fees. But certain circumstances — let's call them legal emergencies — absolutely require immediate legal counsel. More

You probably think that I have been around too long and have seen too many contracts to sign anything containing an important specification that isn't clearly defined. Surely I would never do something as stupid as that, right? More

Most residential construction disputes happen because the contractor and the homeowner have different expectations about how a job will be handled. More