Beyond the Fine Print: The Big Impact of the "Small" Clauses

Construction contracts are filled with so-called "boilerplate" clauses that parties often treat as afterthoughts, but courts enforce these provisions as written, frequently with harsh and dispositive consequences. Presented at the 39th Annual Construction Law Conference, this CLE examines the outsized impact of merger clauses, no oral modification provisions, nonwaiver clauses, severability provisions, anti-assignment clauses, and notice requirements on construction projects and litigation. Through detailed case analysis, the program demonstrates how informal project practices rarely override formal contractual requirements and how a single overlooked provision can lead to the forfeiture of multi-million dollar claims. The presentation underscores a critical lesson for construction practitioners: get it in writing, follow the contract, and never assume the fine print won't matter.

Access the CLE recording here