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December 2024 The Contractor’s Advantage
HarrisonLawGroup.com (410) 832-0000 jwyatt@harrisonlawgroup.com
As a Construction Law attorney, I represent construction companies and contractors who work on massive commercial projects. Inevitably, one of the largest and most prevalent issues we run into — day in and day out — is related to projects running over schedule. If construction projects are delayed, they can become increasingly expensive for everyone involved. We run into three primary issues related to project delays: No Damages Delay clauses, liquidated damages, and contracted deadlines. Here is what you need to know about these common problems and their respective solutions. No Damages Delay Clauses When it comes to project delays, the biggest arguments tend to center around who is responsible and culpable for the costs associated with the delay. Labor, rented equipment, and materials often bear the brunt of the delay costs impacting contractors. However, many contracts include what are known as No Damages Delay clauses. A No Damages Delay clause protects the owner of a commercial project rather than the contractors working on it. The clause absolves the owner from time-related damages, even if the owner is responsible for the delay. Instead, these clauses relay the financial risk to the contractor and are therefore undesirable. Liquidated Damages The cleanest example of liquidated damages — which I have shared in court arguments and seminars — stems from a case I previously worked on. A luxury hotel was under construction in the popular beach destination of Ocean City, Maryland. The contract stipulated that the hotel had to be completed in spring — before the summer season. The stipulation was sensible; if the project was not complete when all the tourists came to town, the hotel would lose a great deal of potential revenue. Because of this, the owners included a liquidated damages clause in the contract. This meant the owner was entitled to compensation for every day past the contracted project completion date. Depending on the duration of the delay, liquidated damages can mean the contractor may owe the project owner exorbitant amounts of money. Project Delays Examining the Issues and Solutions
Deadlines When it comes to commercial projects, everyone is looking for an edge — especially large construction companies. Their negotiation leverage tactics have led to the majority of contract clauses inevitably looking similar to one another. This is because the clauses proven to be most effective over the years have become standard inclusions in construction contracts everywhere. However, when delays happen, and parties to the construction project require additional time or money to finish their project, they are still held to the duration outlined in the original schedule. For example, if a construction contractor is supposed to finish their work in two months but is delayed, they are expected to complete that same work on an expedited timeline. However, all of these issues have a common, equitable solution. Solution The best way to address all of these issues is to create a contract that apportions the risk for delays appropriately. It only makes sense that the party responsible for the delay is also responsible for paying the associated costs that stem from the delay. This often requires
unraveling complex contract terms to reach a solution many would find equitable. However, most contracts do not do this, leading to many underlying problems and arguments.
-Jeremy Wyatt
jwyatt@harrisonlawgroup.com | HarrisonLawGroup.com | 1
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Pedal Power Giant Bicycles’ Innovative Strategies Stay Ahead of the Curve
Innovation is a crucial driving force behind successful businesses that stand the test of time. By consistently devising ways to make their products or services more beneficial to their customer base, these businesses can retain customers and boost sales. Too often, businesses become stagnant in their approach after their product or service becomes profitable. This allows competitors to step in, make quick adjustments and improvements to the product or service, and walk away with customers happy to receive something new and improved. Apple and Amazon are the kings of using innovation to ensure growth. However, Giant Bicycles, the world’s largest bike manufacturer, is another inspiring example to consider. The story behind Giant Bicycles dates back to 1972. King Liu, the founder of Giant Manufacturing Co. Ltd., decided to showcase his company’s ability to provide consistent quality in the bicycle manufacturing industry. Giant started as an outsourcing manufacturer for world-renowned bicycle brands before establishing its own private brand, GIANT, in 1981. Within five years, GIANT launched its first branch in the Netherlands, aiming to take the world by storm. Before long, the company had expanded into the U.S., Germany, Italy, Japan, Australia, China, and many other markets. The Giant Group only took a few years to become a global brand. In 1985, the company became the first to invest in manufacturing and developing carbon fiber frames, and by 1987, they had a new product ready to hit the shelves. Giant released Cadex bikes, the world’s first mass-produced carbon fiber road bike, at a much lower price than other carbon fiber bikes.
With a focus on the future, Giant continued to explore new ideas that would ensure profitability into the new millennium. In 1996, Giant Group joined other industry leaders worldwide to research and develop new electric bike technology. Hoping to offset growing concerns about the aging population, energy conservation, and environmental protection, Giant Group launched the first electric-assisted bike, Lafree. In 2002, Giant took the initiative to ensure Taiwan would be a global supply hub for high-end bicycles for years to come. After China’s cycling industry entered the global market, Giant invited Taiwan’s second-largest bike manufacturer and other groups to adopt a strategic alliance that allowed them to observe and learn from each other. Instead of competing against each other to become the top dog in the Taiwanese market, they teamed up to ensure their place in the global bicycle industry. The following two decades gave Giant more opportunities to grow its brand and introduce new products to a global audience. In 2004, they introduced a new suspension system that changed the mountain bike market. Four years later, the Giant Group founded the Liv/Giant brand, now known as Liv, the world’s only exclusively female bicycle brand. In 2009, they started Giant Adventures, a domestic and foreign bike tour service that encouraged others to enjoy the fun of bike travel and explore new areas. That same year, they launched Momentum, an urban and commuter bike brand in China and the United States. In 2012, the Giant Group officially launched YouBike Smile Bike, a public bicycle rental service program
that has been copied worldwide. To this day, the Giant Group has not slowed down its research and development. Their most recent product launch came in 2019 when they unveiled their fourth private brand, CADEX.
While the company’s primary goal was to sell high-quality bikes, it needed to enter the sports industry to continue attracting new clientele. So,
In today’s climate, creating a great product is not nearly enough for
in 1995, GIANT started sponsoring World Cup mountain bike racing teams. This gave the company more exposure and access to professional riders who could test out new developments.
sustained growth over many years. You need innovation and strong marketing skills to overcome the competition and stay at the top. By taking innovation inspiration from Giant, you can help propel your business to the next level.
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HAVE A Laugh writing assistance, and analytical tracking. If you need help building a more substantial list of legitimate prospects, Instantly AI’s Lead Finder database — which, according to the company, has 160 million verified entries based on job positions, specific keywords, and other confirmed data — may be worth a look. Strategizes for Streamlined Scheduling Gone are the days when we had to cover the borders of our computer monitors with Post-It notes to remind ourselves of important meetings and events. Today’s web-based scheduling software allows users to book appointments without grabbing a pen or sending multiple emails. By sharing their calendars and availabilities virtually, sales reps and customers can slot times seamlessly door-to-door sales? Thankfully, modern methods make generating sales from cold leads more than just a shot in the dark. As just one example, Instantly AI provides tools for mass email automation/management,
in just a few clicks. Utilized by teachers and students, small businesses and major manufacturers, these technologies are especially helpful for sales forces that juggle meetings with multiple clients in various
time zones. Well-known providers include Calendly, YouCanBookMe, and HubSpot. Mastering the Marketing Tool Maze Naturally, not all of today’s online business solutions are created equal. As even the simplest Google search will reveal, the marketplace is flooded with products of varying usability, capabilities, and pricing structures. Also, tech providers are prone to mergers and rebranding, so a platform known by a certain name today may change monikers overnight. Before selecting any software or service, dive into free demos/tutorials, customer reviews, and what competing vendors offer. Above all, research with patience, as something that seems like a quick fix today could become a costly tech -ache in the long run.
Legends dating back to the 1600s tell of women who were a mix of beauty and beast — pig-faced ladies! A pregnant Dutch housewife in the 17th century reportedly turned away a mysterious woman begging for money, who then cursed her unborn child to be born with a pig’s face. Our swine superstar caused a stir again in 1815 when Londoners spotted a horse-drawn carriage with a pig-faced lady inside. Newspapers took the story and ran with it. One woman put an ad in the paper offering to provide care for a woman with The Fascinating Tale of the Pig-Faced Lady
the affliction. Another paper ran a request from a man with a marriage proposal for the elusive “baconess.” Chances are that people born with physical disabilities inspired the pig-faced lady story and
reflected the sad way society treated them. The tale of the pig- faced lady shows how the wildest legends can hog the spotlight for centuries.
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Jeremy Wyatt jwyatt@harrisonlawgroup.com HarrisonLawGroup.com (410) 832-0000
40 West Chesapeake Avenue, Ste. 600 Towson, MD 21204
Inside This Edition
1.
Breaking Down Construction Project Delays
2.
The Innovative Spirit Behind Giant Bicycles’ Global Success 3. Porky Myths and High Society 4. Transformative Tech for Top Leads
AI, AUTOMATION, AND MORE Tech Tools to Ignite Your Sales
These days, it’s hard to imagine a time when landline calls, in-person meetings, handwritten day planners, and faxes fueled our sales and marketing efforts. The tools we use to grow our businesses have evolved exponentially in recent years, giving us exciting new frontiers to explore in creating and maintaining customer relationships. The technologies now available for lead generation present virtually endless possibilities for organizing goals and increasing profits. From Clicks to Clients Going through the list of followers on your company’s social media accounts may give you an idea of who’s casually interested in you, but decoding the secrets behind businesses that visit your company website is the key to identifying dependable leads who’ve directly investigated your services. Wouldn’t it be wonderful to receive word that the main purchaser at your most coveted new client company has already checked out your product page? You may be thrilled to know that visitor identification tools like Leedfeeder and Factors trace website visitors’ IP addresses to the source and identify their business, position,
and contact information. This technology enables sales and marketing pros to develop personalized campaigns to turn that warm lead into a lasting partnership. Enhancing Email Engagement Is your email outreach structure generating new accounts or functioning more as the virtual equivalent of hit-or-miss
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