Posted on 11/30/2016 7:55 AM By Marc Stroope
Despite the continuous narrative tied to green building, construction contracts have simply not kept pace, and most form contracts or standard clauses do not address contractual issues specific to sustainable projects.
Posted on 11/30/2016 6:50 AM By Al Maloof
For construction companies active in the public-private partnership (P3) or design-build arena, the bipartisan Public Buildings Renewal Act (S. 3177/H.R. 5361) represents a fountain of new work opportunities building or rehabilitating many outdated and dilapidated government-owned facilities—such as public schools, post offices, prisons, courthouses and libraries—that need to be replaced.
Posted on 9/27/2016 7:33 PM By Judah Lifschitz and Dan Kapner
Contractors must carefully read and study contracts before signing them. While this may seem obvious, it is surprising how often project participants sign agreements containing clauses that a party did not read, did not understand or did not take seriously.
Posted on 7/7/2016 6:46 PM By Ian Manning
The results of the partnering meeting, as it becomes an annual tradition, will prove to be valuable throughout the year, and help to provide a big-picture view of the construction business that otherwise would not be possible.
Posted on 7/7/2016 6:34 PM By Gregg M. Jacobson
Use of a motion to stay is a more straightforward method of obtaining a stay. However, a preliminary injunction can get the attorney in front of the court, and it could be a quick or last option to stay an arbitration.
Posted on 6/21/2016 6:19 PM By Ben Wheatley
In theory, the purpose of an anti-assignment clause is to protect a party’s right to choose who it works for. Most industry professionals believe such a clause prevents assignment and conduct their affairs accordingly. If the goal is to actually prevent an assignment while a contract is executory, the clause needs to specifically state that any assignment in violation of the agreement is void and unenforceable.
Posted on 6/21/2016 10:58 AM By Barbara Werther
As these changes unfold during the coming months, construction companies performing government contracts should keep an eye on further guidance from the government regarding anti-human trafficking regulations and updates to current cost accounting methods. Interested parties should ensure that their internal procedures can be easily brought into compliance with the new requirements.
Posted on 5/31/2016 7:43 AM By Philip Hinerman, Philip Tringale and Patrick Hubbard
Falling under the Environmental Protection Agency’s (EPA) hammer of “joint and several liability” in contaminated site cleanup cases is a costly proposition. Recently, the Supreme Court has thrown open the door to dividing these costs, and courts are now considering how to do it.
Posted on 5/31/2016 7:41 AM By Gina M. Vitiello and Patrick Kennedy
There is no way to make litigation and electronic discovery inexpensive, but there are ways to reduce the expense if both sides communicate and commit to the process, and if a company manages its data so that it is easily accessible in the event litigation arises.
Posted on 5/31/2016 7:39 AM By Jeremy Brummond
Basic contract law often treats teaming agreements as unenforceable “agreements to agree” (i.e., the parties agree that if, in the future, the bid proposal is accepted, then at that time the parties will negotiate the terms regarding the work to be performed). As such, contractors and subcontractors are placed in the unenviable position of needing an agreement that is frequently worth no more than the paper it is written on.