Litigation is costly, risky, and often avoidable — by reading, understanding, and negotiating your contracts carefully, businesses can protect themselves, prevent disputes, and focus their resources on growth instead of the courtroom.

I represent various industry players in construction contract negotiations and, invariably, at least one party wants a “waiver of consequential damages” clause in the agreement. 

Unexpected conditions below the surface can lead to major disputes. A recent case between Skanska Civil USA and the U.S. Navy reveals the high stakes of differing site conditions and the importance of thorough pre-bid review and due diligence.

Attorney Steve Nudelman discusses a recent New Jersey appellate court decision in Lahoud v. Anthony & Sylvan Corp., which scrutinized an arbitration clause deemed one-sided in favor of the contractor.

Columnist Steven Nudelman highlights the importance of understanding arbitration as a binding dispute resolution method and the potential limitations on legal rights when accepting digital contracts.

Every relationship, whether personal or business, starts with high expectations and the hope that everything will go smoothly as planned.

In litigation, courts view the failure to take discovery obligations seriously, such as failing to preserve electronically stored information.

Since April 23, when the Federal Trade Commission (FTC) announced its final rule regarding noncompete clauses, I have received numerous calls and emails asking if such clauses are no longer binding and effective. 

A pending federal copyright infringement lawsuit may be of particular significance for plumbing design professionals.

Understanding waivers of subrogation and their effect on the contractor and subcontractor allows parties to construction contracts to better allocate their risk and negotiate the contract price. It is crucial to consult insurers before entering into such an agreement.