Builders grappling with the materials cost escalation crisis are struggling to digest the margin compression—and developers and banking institutions are nervous.
But an old piece of contract law predating the adoption of the ubiquitous design and construct contract could make a comeback to help share risk more evenly.
Gadens partner Jim Demack says he had to dust off the old law tomes to find evidence of the rise and fall clause because he hasn’t seen one in about 25 years.
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