Issue 18 · Weekly · Published September 25, 2026

Signed Isn’t the Same as Safe

Three reads this week, three seats at the same table: a homeowner about to sign with a builder, a contractor reading an escrow agreement, and a commercial tenant funding a build-out inside a space she does not own. Construction escrow is what all three were missing.

By Ana Barajas · 2 min read


A note from the desk

Every person in this issue had a signed contract. Every one of them was still exposed. The signature was never the protection. The structure underneath it was.

The one rule that connects all three

Helena checked her builder’s license and reviews before she signed. Marcus signed the escrow agreement his client’s attorney drafted. Nadia signed a ten-year lease with a build-out attached. Three careful people, three contracts, and each one found out later that the paper described the money without controlling it.

A contract tells you what is supposed to happen. It cannot make the deposit stay put, cannot stop a draw from sitting in an inbox for 26 days, and cannot keep a subcontractor’s lien off a landlord’s building. Those outcomes depend on where the money sits and what has to be true before it moves.

That is the gap escrow fills. The contract stays the contract. The money moves to a neutral account, and the release conditions get written down in a form a third party can check. Signed becomes safe only when the structure under the signature is doing the work.

The Core Idea

A signature describes the money. Escrow controls it. Money never moves ahead of the work.

12.5 months

The average length of a construction dispute in North America, with the average U.S. dispute now valued at $60.1 million. The most common cause is not fraud. It is parties failing to understand or comply with the contract they signed. (Arcadis, 2025 Global Construction Disputes Report.)

Two sides of the same structure

For those getting paid

Your money is in escrow. Did anyone write down how it gets out? “Released upon satisfactory completion” is an opinion, and an opinion can travel, walk the house with a designer, and ask for a punch list. This week’s contractor piece lists the nine clauses in a construction escrow agreement that decide whether you get paid, including the one that makes silence count as approval.

For those paying

Reviews and a license tell you whether a builder can do nice work. They say nothing about whether he is solvent. The check almost nobody runs is a ten-minute call to a supplier, and it is one of seven checks to run before you sign with a home builder. Commercial tenants carry three exposures homeowners never see: you own nothing you paid for, the allowance arrives last, and a sub’s lien lands on you. Who should hold the build-out money is the question that fixes all three.

From the field: 26 days on the third draw

Marcus runs a six-person remodeling company in Denver. A client proposed escrow on a $210,000 whole-house job, and he signed the agreement her attorney drafted. Each release required “owner approval of the completed phase.” Draws one and two went fine. Draw three, the cabinets, took 26 days while the client traveled, walked the house with her designer, and asked for a punch list.

On the next job he brought his own agreement: named inspections for each milestone, five business days to object in writing, silence as approval. Six draws, none later than four days. Same crew, same client base, different paperwork.

Three things worth knowing

Put the structure under the signature

Whether you are signing with a builder, funding a build-out, or reading an escrow agreement a client handed you, we will map a milestone schedule to your contract in one call. Contractors and trades: join the free Trusted Contractor Network and bring escrow to your next bid.

Know someone signing a construction contract this month? Forward this to them. And if this was forwarded to you, the form below gets you the next one.


Get The Build Brief in your inbox every Friday

Your subscription could not be saved. Please try again.
Your subscription has been successful.

Newsletter

Subscribe to our newsletter and stay updated.