As I sit down to write my annual list of resolutions for contractors, I am amazed at how much things changed in 2020. Construction was going well and then, in March 2020, COVID-19 hit. At first, we thought it was going to be a disaster for the construction industry. States, cities and towns shut down projects and many applied for PPP loans. Then, something amazing happened. Construction was considered an essential service and everyone was back to work.  That said, the work world changed: companies were donating their PPE to frontline workers, COVID-19 protocols had to be followed and paperwork had to be filed. Everyone was scrambling to figure out how to comply and keep their businesses going. So, you may or may not ask, what was I, as a construction lawyer doing? I spent March and April thinking about the new risks contractors/construction companies were facing and developing contract clauses to protect the industry. I wrote a number of blog posts with clauses to add to your contra

The Owner-General Contractor Contract

Today I am going to start on series of posts on the Owner-GC contract. I am going to say something now that I do not normally say to my clients. If you are a contractor and you are undertaking projects, you should have an attorney write and/or review your contracts. I frequently tell my clients that they can proceed on their own with resolving disputes, etc. However, money spent now on a contract review can prevent thousands in legal fees later.

What is a contract? In a contract there is an offer (proposal), acceptance and consideration ($$ changing hands). A contract reflects a "meeting of the minds." A well-written contract addresses the issues that can arise and how they will be handled. As an arbitrator I know and respect stated, "A good contract is negotiated, signed and then sits on the shelf and collects dust."

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