Alabama Construction News Publishes Article by Joe Leavens on Contract Essentials for Construction Professionals

Joe Leavens, Partner in the firm’s Birmingham office and member of the Construction Law Practice, recently shared his insights in an article published by Alabama Construction News on contract essentials for construction professionals. 

In his latest article, Joe walks through the foundational terms—such as indemnity, design responsibility, change orders, and payment clauses—that often determine how risk and responsibility are shared on a project.

Drawing on his deep experience in construction law, Joe emphasizes that tailoring a contract to the specific project and parties involved is the most effective way to avoid disputes and ensure accountability. He also highlights the importance of recognizing one-sided or unreasonable provisions early, particularly in areas like liquidated damages, lien waivers, and termination clauses. Joe’s practical insights are aimed at helping contractors, subcontractors, and owners alike build stronger, more transparent project partnerships—starting with the contract itself.

“Unreasonable provisions do not end up in contracts by accident,” Joe wrote. “If an unreasonable provision is proposed in an initial contract, it is a virtual certainty that the party proposing it intends to enforce it. That fact alone reveals (a) the sophistication (or lack of sophistication) of your counterparty; and (b) the type of partner you are set to do business with. Be cautious if your counterparty proposes a completely one sided contract; it may be a preview of how they intend to conduct business during the project.”

Joe has negotiated millions of dollars in construction contracts on projects of all sizes and types across the country for owners, general contractors and subcontractors and is regularly involved in strategic project development for owners and real estate developers. Joe has extensive experience handling mid-project and post-completion legal matters including payment claims, liens, bond claims, construction defect claims, warranty claims and delay analyses in both the courtroom and in arbitration. His focus is always on getting the best business result for clients, whether that means litigating to a final judgment or finding a resolution with one eye on the bottom-line and one-eye on the next project.

He was the 2023 Chairman of the Construction Section of the Alabama State Bar. He has been recognized as a “Rising Star of Law” by the Birmingham Business Journal and named “Ones to Watch” by The Best Lawyers in America^®, “40 & Under Hot List” by Benchmark Litigation and “Top Attorney” by Birmingham Magazine.