Articles

Miller Act CLAIMS: Finding Protections and Preserving Your Rights

By: Diana Lyn Curtis McGraw Associate, Fox Rothschild LLP. The Miller Act (the “Act”), which requires the prime contractor to furnish a performance bond and a payment bond to the…

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Mitigating the Consequences of Labor Unrest on Construction Projects

Until this past year, we have enjoyed an era of relative labor stability. It’s true, however, that labor unrest frequently coincides with inflationary pressure on prices, something that we are…

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More Clear, But Not Yet Crystal: Virginia Amends its Prompt Payment Law and Legislation Banning “Pay-If-Paid Clauses in Construction Contracts Effective July 1, 2023

The Virginia General Assembly has joined a minority of jurisdictions that ban pay-if-paid clauses in construction contracts on public and private projects. Senate Bill 550 went into effect applying to…

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More on Delegated Design

Delegated design is when the lead design professional, an architect or engineer, delegates a portion of design responsibility to the builder. Standard construction documents have traditionally addressed this issue in…

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Nailing Down the Details: The UCC’s Impact on Construction Contracts

A construction contract is generally defined as an agreement between a builder and an owner for the construction or improvement of a building, structure, or other infrastructure. Because the work…

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Navigating Federal Government Contracts Under Newly Imposed Tariffs

Introduction The imposition of new tariffs can create significant challenges for federal government contractors. Tariffs on imported goods such as steel, aluminum, and other materials may lead to higher procurement…

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Navigating The “Flow-Down” Of Risk Through Multiple Contract Layers

As the name implies, flow-down clauses seek to “flow” (i.e., allocate) obligations and risk from one contract tier to the next. The ostensible purpose is to ensure that the respective…

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Navigating the Executive Order Ending Affirmative Action and DEI for Federal Contractors: Essential Steps for Compliance

Overview of Executive Order 14173 Federal contractors, subcontractors and grantees have until April 21, 2025, to comply with President Trump’s Executive Order (“EO”) 14173 entitled “Ending Illegal Discrimination and Restoring…

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Navigating the Latest Changes in ConsensusDocs Short Forms

ConsensusDocs recently introduced noteworthy updates to its most used prime and subcontract agreements, detailed here.  In this article, we’ll take a closer look at the revisions made to the short…

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