Best Practices Construction Law

Best Practices Construction Law

Best Practices Resources

Matt has written articles and given presentations on all aspects of construction law. Find a resource here.

Top Posts

Best Practices top posts include claims preparation, contract drafting, and litigation pitfalls. You don’t want to miss these ones.

Matthew DeVries

Matt is a construction & litigation attorney at Burr & Forman LLP and father of seven young kids.

Tag Archives: construction contracts

What Is Inefficient Risk Transfer? The Use of Indemnification in Construction Contracts

Posted in Legal Trends
As a father of seven children, I am always being asked to determine the “responsible party” when something breaks, gets lost, or is simply missing.  In parenting, there is no written contract between the adult and to child to transfer the responsibility for the loss or damage.  In construction, there should be a written contract… Continue Reading

Hey Coach, How Can You Think Outside the Box with Your Construction Contracts?

Posted in Best Practices, Contract Docs
As the college football seasons comes to an end, USA Today had a special report on the salaries of coaches, as well as a great article on coaches’ contracts.  The article described how some schools have the freedom to include "unusual provisions" in their contracts.    How’s that for bargaining?  Middle Tennessee State coach Rick… Continue Reading

Tips for Drafting Commercial Real Estate, Development and Construction Contracts

Posted in Best Practices, Contract Docs
Noted author and business attorney, Peter Siviglia, once said: "In this world, … there are two forms of writing: creative (such as novels, plays, and poetry) and expository (such as treatises, letters, memorandums, and briefs).  I’ve tried both and prefer a third: contracts, which do not entertain, do not convey information or ideas, and do not try to persuade."… Continue Reading

Lessons from a Bankruptcy Judge: Learn How to Write

Posted in Best Practices, Claims and Disputes
"Pay me less before the dispute erupts … or pay me more after the dispute erupts …" is a phrase that many construction litigators have said to their clients.  What that means, practically, is that if you invest the time and money to have your attorney review construction contracts before the job starts, you will save time, money and effort later when the dispute… Continue Reading