Parties negotiating a design and construction contract for a large project will often leave for the end discussions of a few provisions that one side or the other has characterized as “deal-breakers.” Though the deal may be doomed to fail, one of the parties may also make a concession or concessions, have its bluff called, or possibly propose a creative solution that saves the agreement. In my latest column for the Daily Journal of Commerce, I provide a few suggestions for parties mired in a stalemated contract negotiation to find a way to succeed. Read the full article here.

Originally published by the Daily Journal of Commerce on February 15, 2024.

Photo of Zachary Davis Zachary Davis

Zachary Davis is an experienced construction and design attorney who advises clients in a broad spectrum of legal matters, with specific emphasis on resolving complex commercial disputes. Zachary employs a proactive approach in assisting clients in developing pre-litigation and litigation avoidance strategies. He…

Zachary Davis is an experienced construction and design attorney who advises clients in a broad spectrum of legal matters, with specific emphasis on resolving complex commercial disputes. Zachary employs a proactive approach in assisting clients in developing pre-litigation and litigation avoidance strategies. He has advocated on behalf of clients before a variety of adversarial tribunals including federal and state courts, arbitration panels and administrative bodies. Zachary’s clients have included corporations, business owners and entrepreneurs in the construction, real estate, technology, hospitality, telecommunications, financial services and insurance industries.

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