Dirty Contracting Trick #2: The Bait-and-Switch Change Order

This one is almost a “gimme” for a general contractor (GC) who has their subcontractors by the contractual short-hairs when it comes to proceeding with unapproved “changed” work upon written direction.

The Best Bid Management Cloud Applications

Buildwire has ranked the most popular bid management cloud applications based on “subcontractor ease of use”. Please note that the “general contractor’s ease of use” was not evaluated for a very good reason: it doesn’t matter how easy it is for general contractors to use these bid management tools because the point is to attract subcontractor quotes. If your subcontractors can’t figure out how to use the bid management application in order to review your plans and then quote you, then all of your efforts are for naught.

Defensive Contracting 101: The "Bond-At-Any-Time" Clause

A dangerous trend in subcontractor payment & performance bond requirement clauses is emerging in public and private projects. This clause puts the subcontractor at substantial risk if the project is not completed according to the general contractor's (GC's) schedule or specified requirements. We're calling it the “bond required at-any-time” clause, but it could just as easily be called the “free money clause”. A typical representation of this clause is provided below:

A More Effective Strategy for Construction Union Growth (Part 1 of 2)

Part 1: The Need for a More Effective Strategy

For years the Editors at Buildwire have observed the wasted efforts expended by local chapters of construction unions in attempting to hold on to what is an ever-eroding position in the construction marketplace caused mainly by the increasing disparity between union and non-union construction wages. As the wage gap grows, so does the difficulty in convincing new and existing non-union contractors to go signatory. The wage gap represents a massive cost increase to their bottom line with no obvious increase in revenues.

Dirty Contracting Trick #1: The GC Change Order Switcheroo (Part 2 of 2)

In our last post, the process of setting up and executing this contractual dirty trick was examined in detail. The victimized subcontractor (Subcontractor A) was provided with some possible retaliatory measures in order to recoupe lost change order profit. But what about the general contractor (GC) who is caught red-handed? Is there a way to recover from what appears to be a clear-cut case of change order malfeasance?

Dirty Contracting Trick #1: The GC Change Order Switcheroo (Part 1 of 2)

This one might not be the oldest, dirtiest “trick in the book” but it is close to it. The scenario goes like this:

1. The Owner on a construction project requests that the general contractor (GC) provide forward-priced change order pricing to complete additional Scope X.

Construction Post-Accident Review

So you had an accident on your jobsite. Hopefully nothing too bad, but enough that the unrelenting focus of upper-management has been drawn to your project.

Despite the fact that you have religiously held weekly tailgate safety meetings and done what you can to foster an environment of safety-consciousness, upper-management demands an explanation: how could something like that happen? Flying in the face of reality, upper-management truly believes that ALL ACCIDENTS ARE PREVENTABLE.

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The Editors

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