Josh Leavitt

Josh M. Leavitt is a principal and co-chair of the Construction Law practice at Chicago-based law firm Much Shelist, and an elected Fellow of the American College of Construction Lawyers. Josh advises clients on a broad range of construction-law matters, including disputes, contracts, and counseling on industry risk. He can be reached at 312.521.2627 or at JLeavitt@muchshelist.com

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Claims ManagementMore Like This

A surprising lack of uniformity in state laws exist that are applicable to fairly common construction contract provisions. Even within states, courts are less than uniform in their approaches, and many states’ statutes and court decisions did not address critical questions about the enforceability of the provisions. In the previous issue of Risk Management, Leavitt and Rosenberg addressed pay-if-paid/pay-when-paid contingencies, no damage for delay, change orders, no lien clauses and statutes of limitations clauses in contracts. Here are five more clauses that may or may not be enforceable.

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