Chapter 558 & Construction Defect Masterclass (Part 2 of 3)
In the second installment of this three-part series, board-certified construction attorney Alex Barthet dives deeper into contract pitfalls, risk management, and legal strategies to protect yourself from excessive liability. From indemnity clauses to insurance misconceptions, he explains how to structure contracts and document your work to avoid getting stuck with unexpected claims and costs.
Highlights in this episode:
- Contract Risk & Indemnity Clauses: Why most contracts unfairly shift liability onto contractors and how to ensure responsibility is based on actual fault.
- Insurance vs. Bonds: Understanding why general liability insurance won’t cover defective work and how performance bonds offer real protection.
- Documentation for Protection: The critical role of daily reports, photos, and meeting minutes in defending against defect claims and proving compliance.
- Passing Liability Downstream: How well-structured purchase orders and subcontractor agreements can shield you from unnecessary risks.
- Code Compliance & Change Orders: Why verbal change orders can lead to legal trouble and how to properly document deviations to avoid future liability.
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