The Mobilization Mindset

Episode 110 | Costly Contract Pitfalls Every Subcontractor Should Avoid w/ Jason Kosek

Mobilization Funding Episode 110

“Just having the words on the paper doesn’t protect you - how a judge reads them does.”

Litigator-turned-contract-drafter Jason Kosek has spent 12 years in court watching vague clauses, one-sided indemnifications, and “pay-when-paid” traps bleed subcontractors dry. In this episode of The Mobilization Mindset podcast, Jason joins our CEO, Scott Peper, to translate contract language line-by-line - and show you how a few proactive edits can save six figures in headaches later.

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.

🎙 Hosted by Scott Peper – CEO, Mobilization Funding
https://www.linkedin.com/in/scott-peper-9387288/

Guest: Jason Kosek – Shareholder, Anderson Kill
https://www.linkedin.com/in/jason-kosek-4a321737/

🛠 The Mobilization Mindset is the podcast for construction and manufacturing leaders who build smarter, lead stronger, and grow with intention.

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