Keith Whitener’s Post

Why Contractural Clauses are important in Construction Projects? Ever wondered why some construction projects run into delays or disputes? The answer often lies in the details of the contract. Contractual clauses in construction aren’t just legal formalities, they outline the duties, rights, and responsibilities of all parties. Poorly drafted or unclear clauses can lead to delays, disputes, and increased costs. Key clauses on payment terms, delay penalties, variations, and dispute resolution are the foundation of a project's smooth execution. Pay close attention to the 'Delay Damages' clause (Sub-Clause 8.5-GC). Clear, specific terms here can prevent major disputes down the road. What’s one clause you always focus on when reviewing contracts? Let’s discuss in the comment section!

Are deeds and guarantees in your construction contracts causing you headaches? Discover the essential truths and strategies to navigate these complex elements smoothly. Click play and transform your approach to contract management today!

To avoid disputes, what things need to be regulated in a contract of construction work?

Claims in construction contracts often arise from factors like scope changes, unforeseen site conditions, delays, and miscommunications. Understanding these reasons is crucial to prevent costly disputes. Keep an eye out for common warning signs such as ambiguous contract terms, inadequate project planning, inconsistent documentation, and lack of stakeholder alignment. By addressing these issues proactively, project teams can mitigate risks and ensure smoother project execution. Jinoy Viswan FIE, CEng, PMP, ACIArb, Dip Arb (Cand.),

Why do claims occur in construction contracts? Understanding the reasons behind claims in construction projects can aid in averting expensive disputes. Keep an eye out for these common warning signs. #Contracts #ConstructionClaims #EOT #ContractManagement

Attention contractors: Don’t overlook the red flags in your construction contracts! Take note of the critical clauses and warnings that can make or break your projects. Watch here! #construction #constructioncontracts #contractterms #contractmanagement #contractstrategy #contractortips

"Struggling with construction claim delays?" Construction projects are dynamic, and variations or delays are almost inevitable. But these events can quickly lead to claims if handled improperly. In this second video, we’re breaking down essential strategies for understanding your entitlements and maintaining a strong negotiating position. See how following the contractual process and knowing your rights can turn potential disputes into opportunities for fair resolution. Watch Video 2: Navigating Claims in Construction Projects and strengthen your approach! #ConstructionClaims #ProjectManagement #ContractorEntitlement

Check out our latest blog post about Texas construction law topics. This post is entitled "The Texas Prompt Payment Act: a Powerful Tool for Contractors" and can be viewed here: https://lnkd.in/gEB7yFfy

Contract vs. Agreement: Key Differences in Construction 🤝 In construction, "contract" and "agreement" are often used interchangeably but have distinct legal meanings. Here’s a quick breakdown: 1. Contracts A contract is a legally binding document outlining the rights and obligations of the parties involved. In construction, this typically includes scope of work, timelines, payment terms, and quality standards. Key features: Enforceability: Legally binding and enforceable in court. Detailed Terms: Covers comprehensive terms and conditions. Risk Allocation: Outlines responsibilities, liabilities, and risks. Common types include lump sum, cost-plus, time and materials, and unit price contracts. 2. Agreements An agreement is a mutual understanding between parties. While it can outline responsibilities and expectations, it isn’t always legally enforceable unless it meets contract requirements. Agreements are often used in early project stages or informal arrangements, like memorandums of understanding (MOUs). In construction, an agreement might serve as a precursor to a formal contract, setting basic terms and intentions.

Article 1: Understanding Concurrent Delays in Construction: A Complex but Critical Concept Concurrent delays in construction have long been a perplexing issue for contractors and employers alike. These occur when both the contractor and the employer contribute to delays simultaneously, yet on separate paths. The challenge is to fairly assign liability—should the contractor receive a time extension, or should the employer be entitled to liquidated damages? Many Industry experts have written extensively on how concurrent delays occur when delays caused by both the contractor and employer impact the critical path. Yet, many of the construction contracts often remain silent or vague on this matter, or have a one sided interpretation, leading to disputes. In the coming articles, this week, we will try to unravel the intricacies of concurrent delay, based on global best practices and the various legal perspectives on how this issue is resolved. Stay tuned as I will be writing more on this critical concept and how it can affect your construction projects. #ConstructionClaims #ConcurrentDelay #DelayAnalysis