DSV Legal Insights
May 2019
Are Unsigned Settlement Agreements Enforceable?

Settlement agreements are most often negotiated between counsel for the respective parties. Generally, the two (or more) opposing counsel receive instructions from their clients but communicate the back and forth offers of settlement amongst themselves only to later relate those discussions to their clients and obtain further instruction and authority. Eventually, the counsel will agree to a settlement, most often, but not always, in writing. This raises the question of whether a settlement agreement reached between counsel is enforceable when the actual party to the settlement has not “signed on the dotted line.” 

Read more about enforceabilty of settlement agreements.
Are You Losing Productivity?

In construction, productivity is often viewed as manhours per unit of work—greater productivity means fewer manhours spent per unit of work. Since contractors estimate work and prepare their bids based upon predetermined labor productivity, productivity is an important and vital part of a contractor’s ultimate success. Because they can drive equipment costs and general overhead, labor costs are typically the largest variable cost for contractors. Similarly, labor is often the largest single cost overrun incurred by a contractor. As such, decreased productivity directly affects the bottom line. For this reason, delay and impact claims typically include as a damage component the loss of productivity due to the events of delay, interferences, disruptions, and/or acceleration of a contractor’s performance.

Read more about learning curves and productivity claims, as seen in Modern Contractor Solutions Magazine , May issue.
Recent Blog
Is ConsensusDocs for You and Your Business? Learn More.

As project owners continue to see increasing value in collaboration between designers and constructors during the preconstruction phase, techniques such as design-assist, Lean Design and Construction, and integrated project delivery (IPD), are being used more frequently. Last year, the ConsensusDocs Coalition published the first standard form contract document incorporating the design-assist process into a construction contract. The ConsensusDocs Design-Assist Addendum (CD 541) is an addendum to the ConsensusDocs’ CM at Risk contract forms (ConsensusDocs 500/510) and the standard form Owner – Design Professional Agreement (ConsensusDocs 240). The purpose of the Design-Assist Addendum is to establish the duties and relationships between the owner, design professional, construction manager, and key trade contractors for the performance of design-assist services which support the design process. 

Read more about if ConsensusDocs is for you.
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