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Smart Business: Construction Contracts: How prevailing party clauses offer leverage to the little guy

A prevailing party clause is a contractual provision that requires the court or arbitrator to include the winning litigant’s attorneys’ fees and costs associated with the dispute as part of an award or judgment. In...more

Dear YouDIg? An Eye for an Eye?

Dear YouDig?, I am the CEO of a prominent and established developer. It’s been a long wonderful road. We are blessed with a great team who have worked together with great success. When I look back, the only thing I wish I...more

Dear YouDig? Flushing Out Prevailing Party Clauses

Dear YouDig?, We just went through a ridiculous three-year odyssey with our commercial plumbing contractor on a 250 unit housing development. Plumber failed in designing its work, installing its work and, even when asked...more

Dear YouDig? Making Jack Talk – The Attorney Client Privilege

Dear YouDig?, I am dealing with a very sensitive problem related to a large project. Someone on our team may have (and I emphasize MAY) done something that could put us in jeopardy. I don’t like to hire lawyers. Who does? I...more

Dear YouDig? How to avoid a design-build debacle

Dear YouDig?, We are a design builder. We hired a design team to do the preliminary design for our bid on a large DB project. We won the bid. Of course we warranted to the project owner that we would build the project, as...more

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