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Contracts and Troublesome Provisions

Contracts and Troublesome Provisions FAQ Pages

Construction contract basics
Common clauses found in construction contracts.

Construction contract clauses

Contracts and Troublesome Provisions Articles

Types of Construction Contracts
The purpose of the construction contract is to (1) allocate the duties between the parties, (2) recognize and allocate the risk to the different parties, and (3) reduce the uncertainty surrounding the project and allow the parties to plan for the project ...

Components of a Written Negotiated Construction Contract
Negotiated contracts Negotiated contracts are used in the private sector. Negotiated contracts are not used in the public sector where contracts must be competitively bid. Contract documents In most contracts, the contract documents are "incorporated...

Pay-when-Paid and Pay-if-Paid Contract Provisions
One of the greatest concerns and risks on a construction project is payment by the owner. Once the contract work has been fully performed, everyone wants to be, and should be, fully paid. One of the risks of nonpayment is the owner's potential inabili...

No lien contract clauses
An owner in Ohio may have a contract provision providing that contractor may not file a lien on project. The enforceability of such a provision is questionable. However, some Ohio courts have upheld such "no lien" provisions against contractors ...

Beware of Contractual Dispute Provisions
Beware of Contractual Dispute Provisions A decision from the Franklin County Court of Appeals highlights the danger a contractor faces by failing to adhere to a contractual dispute provision. In Stanley Miller Construction Co. v. Ohio School Facilities Co...

Ohio Supreme Court Expands Reach of Pay-if-Paid Contract Provisions
On July 17, the Ohio Supreme Court issued its decision in Transtar Electric, Inc. v. AEM Electrical Servs. Corp . The Court sanctioned the use of pay-if-paid provisions in construction contracts and expanded the reach of those provisions to clauses using ...

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