Articles

It Pays to Review the ‘Review the Contract Documents’ Clause Before You Sign the Contract

It is fairly common for a construction contract to include a provision requiring the contractor to perform some level of review of the plans and specifications and perhaps other contract…

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It’s Called “Delegation” – Basic Risks and Considerations for Delegated Design on Projects

The use of delegated design on projects can create many practical benefits. But it can also create additional pitfalls and risks for contractors accepting delegated design responsibilities. Recognizing and understanding…

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Key Considerations for Developing Compliance Programs that Work

By: Karla Pascarella, Partner, and Jerry P. Brodsky, Director – Latin America, Peckar & Abramson, P.C. Compliance programs are a necessity across most industries due to the current, increasingly complex…

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Key Legal Considerations for Modular Construction Contracts – May 4, 2021

Fred Hedberg | Construction Law Zone Modular construction is literally on the rise. It is rapidly displacing traditional stick-built construction for new commercial, industrial and residential buildings. Over the past decade, an…

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Know and Meet Your Notice Requirements or Lose Your Payment Bond Claims – April 29, 2021

By: Chris Broughton Associate, Jones Walker LLP. Introduction: Time is of the essence in the construction industry, and failing to provide timely notice of your payment bond claim can end…

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Leftover Equipment and Materials When a Contractor Is Abruptly Terminated

Termination for cause is costly and adversarial and has been covered in this article. But can a terminating party use equipment and tools left behind on the worksite (i.e., a…

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Level 10 Construction v. Sea World LLC: Can Force Majeure Save Sea World?

By: Jamey Collidge Associate, Troutman Pepper. On June 8, 2020, Level 10 Construction, LP (“Level 10”), a construction company hired by Sea World San Diego (“Sea World”), filed a Complaint…

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Lien Release Bonds – Remove Liens, But Not All Liability

Lien Release Bonds – Remove Liens, But Not All Liability  Among owners and contractors, payment and performance bonds are commonly used together in an effort to mitigate future risk against…

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Limitations of Liability: Take on the Project but Don’t Bet the Company

By: James R. Artzer, Associate, Jones Walker LLP Securing a new project brings opportunity for profit and success, but that opportunity also brings great risk. Contract limitations of liability can…

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