This is part of a series of articles on transactional contracts issues by Prof. Michael L. Bloom and students in the Transactional Lab & Clinic at the University of Michigan Law School.

Construction projects never seem to go exactly according to plan. Perhaps no one knows this better than the owner who finances such a project. Change orders push the budget past its limits, unbuildable plans cause major delays, the soil conditions aren’t quite as expected . . . the list goes on.