The Lien Zone Podcast: Construction Law, Contracts, Liens, Bonds & Collections

The Lien Zone Podcast: Construction Law, Contracts, Liens, Bonds & Collections


How to Negotiate A Contract: Listen In to Real Subcontract Negotiation

August 20, 2025

That thick subcontract the GC just sent over is loaded with clauses designed to protect them, not you. In this episode board-certified construction attorney Alex Barthet lets you listen in on a live contract negotiation as he works to level the playing field for his client.

Hear the real back-and-forth on critical issues like securing the right to stop work for non-payment, capping exposure on unapproved change orders, limiting liability to your actual percentage of fault, and fighting back against insane insurance deductibles. Get a first-person perspective on contract negotiations, revealing the arguments, compromises, and leverage points that can transform a risky contract into a fair one.

Highlights in this episode:

  • The Right to Stop Work vs. Pay-When-Paid: Hear the strategic compromise when the GC’s hands are tied to their own prime contract, and how to secure your payment bond rights (as a compromise when the project is bonded).
  • Capping Unapproved Change Orders: Learn how to argue for a limit on unapproved changes to prevent your company from becoming the project’s interest free bank.
  • Cure and Commence the Cure: Discover the vital contract language that gives you a realistic timeframe to fix an issue before facing backcharges or termination.
  • Liability Limited to Percentage of Fault: Understand how to negotiate indemnity and defense obligations to ensure you’re only responsible for the problems you cause.
  • Consequential Damages: Uncover the hidden exceptions in waiver clauses that can expose you to massive liability and how to counter them.
  • Navigating Six-Figure Deductibles: A candid discussion on exorbitant OCIP and builder’s risk deductibles that developers push down to GCs and subcontractors.

Have Questions?  Contact Board Certified Construction Expert Alex Barthet by email at alex@barthet.com or give him a call at 305-347-5295.  Check out our resources at www.TheLienZone.com.