In the busy world of commercial real estate, buyers and sellers may be unable to complete all contractual obligations before closing. In those instances, parties often identify certain “post-closing” matters in the contract. Typically, if those provisions are not carefully
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Beware of ‘Standard’ Construction Contract Terms; Nothing Is ‘Standard’
In their focus on starting a construction project, developers, designers, and contractors can fall prey to unintended consequences arising from their deferral to and use of an “industry standard” contract form—as opposed to taking the time to precisely tailor the
Trying Large Construction Disputes CLE—Seattle
On October 6, 2023, I will be on the panel “Trying Large Construction Disputes,” to be presented during The Seminar Group’s 30th Annual Washington Construction Law conference on October 5 and 6, 2023, in Seattle or online. Intended for anyone
Preconstruction Services, Project Savings, and Great Expectations
Many standard construction contracts include a placeholder for incentives for a contractor that completes a new project on time and under budget. Possible rewards include early completion bonuses and/or sharing in the project savings, if any, which can be calculated
4 New Washington Bills Affecting Common Interest Communities That Developers Should Be Aware Of
Washington’s legislators had their eye on common interest communities (CICs) during the 2023 regular session, which ended on April 23, 2023. Three bills relating to or affecting CICs become effective on July 23, 2023. One became effective immediately. Here is
Can AI Be Trusted to Draft a Construction Contract?
As alluring as it may be to enlist the help of an artificial intelligence (AI) chatbot, such as ChatGPT, to prepare a construction contract, even the chatbot will advise against using AI to do so, saying it is “highly recommended
Arbitration Provisions to Consider in a Proposed Design or Construction Contract
The party responding to a proposed design or construction contract may satisfy itself that the contract proposes arbitration or litigation to resolve any disputes and leave it at that—as long as the method of resolution is generally aligned with the
Efforts Expected of a Contractor When Efforts Clauses Are in Dispute
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
What Parties Ought To Consider When Considering Arbitration Provisions
When reviewing a proposed design or construction contract, the responding party will often do a cursory check to see whether the contract proposes arbitration or litigation for dispute resolution. So long as the proposed method generally aligns with that party’s
A Reminder for Contractors of Perils of Not Registering
Originally published by the Daily Journal of Commerce on March 16, 2023.
Chapter 18.27 of the Revised Code of Washington (“chapter”) contains the requirements for contractors performing services in Washington state. This chapter governs who is considered a contractor, the