states allow the enforcement of these clauses on privately funded projects but not on state-funded projects. Some states have not had a state or federal court consider the validity of a “no damage for delay” clause. The law firm of Woods & Aitken has published a very helpful docu- ment, “Survey 50 State Matrix Pay- if-Paid / Paid-When-Paid, and No Damage for Delay.” www.woodsaitken.com/wp- content/uploads/2012/02/ Survey_50-State-Matrix_Pay- If-Paid_No-Damage-for-Delay. pdf or https://bit.ly/2wiZILE. It’s important to understand the enforceability of these clauses in the states we perform work. In negotiating these terms, it can be helpful to point out that the provision is not enforceable in the state the work is being done and it is not a good business deci- sion for either party to agree to a provision that is not in compli- ance with the statute or case law. Removing a term that is unen- forceable by statute can eliminate the discussion, argument and attorney’s fees if the issue arises during the course of work. ––––––––––––––– Ron Meler began his career in construction working as a carpen- ter, and spent the next 30 years working his way through the ranks of prominent general contracting firms. Eventually he became vice president of operations for one of the largest self-performing gen- eral contractors in the Western United States. In 2006 he opened RW Meler Consulting. As a con- struction operations consultant he has provided services in precon- struction scheduling and planning, project realignment and dispute resolution for well over 60 cli- ents. Ron has taught Construction Ethics, Law and Contracts as well as Construction Scheduling at San Diego State University in the Construction Engineering Program. He has extensive experi- ence in training workshops for the development of employees in the construction industry. Reach him at rwmelerconsulting@gmail.com or 619-723-0487. BUSINESS TIP ––––––––––––––––––––––––––––––––––––––––––––––––––––––– Visit our website today www.tile-assn.com Connect with us on social media 32 TileLetter | October 2018