Suppose you are in-house counsel for a construction company. Your Guaranteed Maximum Price (“GMP”) is blown and the Owner has refused to execute any change orders during the Project. You know you are heading towards a claim. Within one week of substantial completion being achieved, the project manager that has managed the entire job gives his notice explaining he is leaving to work for a competitor. What do you do next? What could you have done to plan for this? In this post, I outline practical measures you can take when faced with this challenging, complex, and yet very common scenario.
The best time to deal with the issue of former employees is before the employee is hired. Important provisions to be considered in employment policies and agreements include:
- Confidentiality and Protection of Company Trade Secrets. An employer, particularly in the competitive market of the construction industry, has a strong and