Top 5 Dangerous Construction Contract Clauses (with Eliot Wagonheim) | Finance at the Jobsite

Construction contracts aren’t scary—if you know where the real risk hides. In this episode of Finance at the Jobsite, host Rishi Srivastava (Beiing Human) sits down with Eliot Wagonheim—construction attorney and founder of First Rule Contract Manager—to unpack the five most dangerous clauses, how to get paid on change orders, and where AI truly helps (and where it doesn’t).

What you’ll learn

• The big 5 risk areas: Flow-down, Indemnification, Warranty scope and timing, Price escalation with tariffs and supply chain, and Change orders

• The most misunderstood clauses (indemnification and definitions like “Contract Documents”)

• A practical script for starting work before a signed CO—without working for free

• When to walk away from a negotiation—and why that’s rare

• How AI contract review can speed risk spotting (and where human nuance still wins)

• Training non-lawyers: why consistency beats intensity for contract literacy

• One lesson you should never forget: read the documents (all of them!)

Chapters

• Intro

• Eliot’s path to construction law and First Rule

• From reactive law to proactive training

• Improv and public speaking → better negotiations (“Yes, and…”)

• What decades of deals teach about risk

• The 5 most dangerous clauses (subs vs. GCs)

• Most misunderstood: Indemnification and Definitions

• Change orders: how to ensure you get paid

• When is it worth walking away?

• AI in contract review: promise and limits

• Balancing AI speed with attorney nuance

• Tech, institutional knowledge, and team communication

• Training non-attorneys (consistency beats one-off workshops)

• “Here’s what happens in the field” (use your turf)

• Real-world $250k mistake from contract miscommunication

• How much contract knowledge CFOs and PMs need

• Biggest myth about construction attorneys

• Future of negotiation: people skills over tech

• Parting advice: read the documents

• Wrap

  
  

  If you want to watch video podcast here is the YouTube link:

  https://youtu.be/aPFnMLzgs0E?si=CVP7nNKoWaMfnpBv

Guest
Eliot Wagonheim — Construction attorney; founder, First Rule Contract Manager (AI-powered contract risk analysis plus contract training).

Host
Rishi Srivastava — Founder & CEO, Beiing Human (AI for construction finance and AP automation).

If this helped you:
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Hashtags:
#ConstructionLaw #Contracts #ChangeOrders #GeneralContractor #Subcontractor #AIcontracts #ConstructionFinance #CFO #RiskManagement #ProjectManagement

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