Texas Construction Attorneys

Commonly Negotiated Commercial Contract Provisions

No Damage for Delay (“NDFD”) provision concerning how the parties will resolve claims for increased compensation and additional time as a result of Project delays.

Change Order procedures and calculation of additional costs, contractor’s fee, and additional time.

Suspension of the work for non-payment.

Acceleration or Supplementation of Workforce.

Termination for Cause and/or Convenience.

Indemnification for third party Property and personal injury claims.

Warranty obligations and claim procedures.

Concealed or unknown site conditions.

Dispute resolution, mediation condition precedent to arbitration and/or civil litigation.

Contingent Payment Provisions.

Timing and condition precedents to progress & final payment and withheld retainage.

Insurance, Performance Bonds, and Payment Bond Requirements.

Reimbursement of attorneys’ fees, costs and expert fees.