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Costly Contract Pitfalls Every Subcontractor Should Avoid: Podcast

The Mobilization Mindset Podcast

  • July 31, 2025

In this episode, construction attorney Jason Kosek breaks down the most common—and costly—contract pitfalls that trip up even experienced subcontractors. From dangerous clauses to lien rights and change order chaos, he shares real-world advice to help you protect your profits and avoid legal headaches. If you're a growing commercial sub, this is the contract clarity you didn't know you needed.

In 55 minutes you’ll learn:

  • 𝗜𝗻𝗱𝗲𝗺𝗻𝗶𝗳𝗶𝗰𝗮𝘁𝗶𝗼𝗻 𝗱𝗼𝗻𝗲 𝗿𝗶𝗴𝗵𝘁 – why you should never accept broad-form language and how to swap in a “comparative” clause that only covers your own negligence
  • 𝗣𝗮𝘆-𝗪𝗵𝗲𝗻-𝗣𝗮𝗶𝗱 𝘃𝘀. 𝗣𝗮𝘆-𝗜𝗳-𝗣𝗮𝗶𝗱 – how to negotiate 45-day hard stops, timeline triggers, and suspension-of-work rights without scaring off the GC
  • 𝗖𝗵𝗮𝗻𝗴𝗲-𝗢𝗿𝗱𝗲𝗿 𝗖𝗵𝗮𝗼𝘀 – the “initial decision maker” trick that forces architects (not owners) to confirm scope changes in writing
  • 𝗟𝗶𝗲𝗻-𝗪𝗮𝗶𝘃𝗲𝗿 𝗟𝗮𝗻𝗱𝗺𝗶𝗻𝗲𝘀 – the chart Jason gives clients to track invoices, payments, and filing deadlines so they never lose lien rights
  • 𝗙𝗼𝗿𝗰𝗲 𝗠𝗮𝗷𝗲𝘂𝗿𝗲 𝟮𝟬𝟮𝟱 – why labor shortages, tariffs, and supply-chain delays must be named explicitly (and how to write them in)

Quick-fire fixes you can send your attorney today - costing two billable hours now instead of 200 in court later.

To listen to the full podcast, click here.

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