Articles

Limitations: There is a Point of No Return

After nearly any event that causes inefficiency, delay, or extra cost on a project, there are some things you should always do: review the contract and document the inefficiency, delay,…

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Liquidated Damages Clauses in Construction Contracts: Certainty Comes at a Price

Liquidated damages clauses in construction contracts offer contracting parties certainty about the cost of late or incomplete performance. Liquidated damages specify a sum of damages that represents damages that the…

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Living on The Edge: The Unacknowledged Delay/Acceleration

Picture this: you were the successful bidder on a state highway project. The project is scheduled to take about two years. Notice to proceed was issued six months ago, you…

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Look Up And Look Out: Increased Antitrust Enforcement Of Horizontal No-Poach Agreements Signals Heightened Scrutiny Of Vertical Agreements May Be Next

In the current regulatory environment, it is important for contractors to remain vigilant of heightened anti-competitive enforcement in the construction and procurement spheres by the United States Department of Justice…

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Managing Design in Design-Build: Contract Language is Critical for Success

When choosing between the American Institute of Architects (AIA) and ConsensusDocs design-build contract documents, owners and contractors must understand how each will yield vastly different results on critical issues such…

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Managing Risk As a Subcontractor

Click here to read the article:   https://www.pumper.com/online_exclusives/2020/02/managing-risk-as-a-subcontractor

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Maximizing Alternative Dispute Resolution Processes in Construction: Three ConsensensusDocs Webinars Dive into Mediation, Arbitration, and DRBs

Construction, an early adopter of alternative dispute resolution (ADR) procedures, has a long-standing success story of utilizing ADR processes instead of costly and time-consuming litigation. ConsensusDocs is offering three separate…

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Merger and Disclaimer of Reliance Clauses: Guarding Against Crossed Fingers

We have all been there, though we would likely want to forget it. The nightmare project is over and after much back-and-forth negotiations over dueling claims, the parties finally reach…

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Miller Act Bonding: Requirements and Waiver

G. Scott Walters and Parker A. Lewton, Smith, Currie & Hancock LLP. The statute, 40 U.S.C. §§ 3131–34, formerly known and commonly referred to as the Miller Act, requires contractors…

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