Most construction projects do not end up in contention and acrimony, but when they do, the design professional is often asked to opine on whether the contractor should be terminated.
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Documents are usually critical items when parties—including architects, engineers, contractors, and owners—become involved in a dispute. This is true whether the dispute will be litigated, arbitrated, or mediated.
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Design professionals face a pair of issues regarding how employees are designated, each with two different potential consequences.
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Hopefully, it would not take a lawsuit to convince design/construction professionals or owners to consistently incorporate a proactive approach to address the most common construction-litigation concern—moisture intrusion at building exterior systems.
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For design professionals who run their own business, it is never a good feeling to find out a client has filed for bankruptcy. In many cases, there are warning signs—slow payments, missed payments, or nonpayment—so when you receive the ultimate news, it may not come as a surprise.
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