by Bennett Coleman

Identifying Warranty Risks

OverviewThe special or general conditions of many construction contracts contain warranty provisions. A typical warranty clause may require the contractor to repair or replace defects in materials or workmanship for up to one year after acceptance of the work by the owner. This type of provision reflects risks that most contractors or subcontractors can identify and analyze based on...

by Bennett Coleman

Effective Documentation

Documentation is a vital function of construction management. If your profitability depends upon the collection of extras or the defense of claims made against you, and you have no records, the world’s best consultants and lawyers will be unable to create them for you. And if you do have the records, but your documentation’s organization and quality are poor, the cost of compiling...

by Bennett Coleman

Dangers of Owner – Supplied Equipment and Materials

The Risks vs. The Benefits Before agreeing to furnish materials for a construction project, owners must evaluate related risks and benefits to factor these into procurement decisions made during the sensitive preparation phase. Unfortunately, while the immediate monetary benefits of using owner-furnished items are easily ascertained, the risks are difficult to quantify. Owners often take...

by Bennett Coleman

Ten Steps to Dispute Avoidance

Most would agree that the earlier a construction dispute, or potential dispute, is addressed, the better the chances of a fair and prompt solution. Undisputed facts may be available at the time of occurrence, facts that often become muddied with time and emotions.But acting promptly is not enough in itself. All potential disputes must be accurately and fully documented as they occur...