10. Know with whom you’re contracting, and make sure they are financially viable (or at least that they have bonding or insurance companies that are).
9. Prevent costly personnel ambiguities by having well-defined, fair, written, and well-communicated employment policies in place before problems arise.
8. The best defense to an OSHA investigation is to prevent an OSHA investigation.
7. Don’t agree to any indemnity provision unless you’re willing to financially be on the hook for another party’s negligence.
6. On the other hand, if you negotiate indemnity from another party, make sure the indemnity provision in the contract is actually enforceable.
5. Do not include heavy-handed and/or punitive liquidated damages provisions in your contracts–courts will not enforce them.
4. Remember that old emails never die–if you wouldn’t put something on paper, don’t send it in an email.
3. Limitations of liability are serious–if you use them in your contracts, use them correctly to ensure enforceability.
2. Have good billing practices. Know your lien deadlines and stick to them!
And #1...drumroll please....
1. Read your contracts. Understand your contracts. Enforce your contracts!
For more information contact Jared M. Scarbrough at jscarbrough@holmwright.com or (480) 477-8589.
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