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.