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Author: Austin B. Calhoun, Esq.

A Contractor’s Perspective on the Initial Decision Maker in Construction Contracts

April 22, 2024 Construction Industry Legal Blog

In the ever-evolving realm of construction contracts, navigating the contractual dispute resolution procedures can pose significant challenges for contractors. Since the 2007 revision to AIA contract forms, the so-called Initial Decision Maker (IDM) process has become more common and is presenting new challenges for contractors. Thus, a basic understanding of […]

4 Tips for Drafting a Fair and Balanced Subcontractor Agreement

March 14, 2024 Construction Industry Legal Blog

Having a well-drafted subcontractor agreement is crucial for identifying the responsibilities, rights, and expectations of the contractor and a subcontractor when working together to complete a project. Here are four essential tips to consider when drafting your subcontractor agreement: Tip #1: Payment Rights The subcontractor agreement should clearly outline the […]

Contractors Beware: The Importance of Due Diligence in Construction Contracting—A Lien Rights Horror Story

February 8, 2024 Construction Industry Legal Blog

In the world of construction, contracts form the foundation for successful projects, and most contractors understand the importance of negotiating their contract terms. However, many contractors underestimate the importance of due diligence when entering into an agreement.  By “due diligence,” I mean looking outside the language of your contract to […]

“Owner’s Representatives” May Not Be Required to Have a Contractor’s License, if They Follow the Rules

January 10, 2023 Construction Industry Legal Blog

In construction projects, the owner sometimes hires a person or entity to act as the owner’s representative to facilitate the project and act as the point of contact in a representative or agency capacity on the owner’s behalf.  These owner’s representatives may oversee the design and construction work, and deal […]

What Do Contractors Need to Know About Employee Duty of Loyalty and Ability to Compete

January 3, 2023 Construction Industry Legal Blog

We have seen a trend in the construction industry toward contractors requiring their employees to sign non-compete agreements.  It has become fairly common practice.  But what if your employees are not restricted by signed non-compete agreements?  Do you have any rights to stop them from competing or taking your customers […]

Severance Agreements: Tips for Ensuring They Are Enforceable

December 30, 2022 Florida Business Litigation Blog, Professional Services Industry Legal Blog

Severance agreements are common contracts that are entered into between an employer and a departing employee in which the employee receives extra compensation while the employer receives piece of mind from a non-compete, release of potential claims, or other protections that may be negotiated.  However, there are restrictions on severance […]

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