Articles

Some Pros and Cons of Arbitration Clauses in Your Contract

There is no “one-size-fits-all” approach to choosing the dispute resolution procedure in construction contracts. The appropriate form of dispute resolution depends on the particular situation of each project and the…

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State And Local Bid Protests: Sunk Costs and the Meaning of a “Win”

By: Amy Anderson Partner, Jones Walker LLP. Across the United States, state and local agencies often use competitive bidding to award contracts for various types of work. Generally speaking, a…

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Statute of Repose-Is it applicable to contract claims and post-construction services? – May 7, 2021

By: James McLaughlin Associate, Smith, Currie & Hancock LLP. Contractors and design professionals face a unique level of exposure for lawsuits over their work compared to other professionals. With the…

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Strangers in a Strange Land:  Revisiting Arbitration Provisions to Account for Increasing International Influences

Arbitration is nothing new.  Neither is globalization.  But the two are coming together in ways that have incrementally influenced the manner in which many arbitrations are now conducted.  And this…

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Subcontracting Negotiation Best Practices: Two Live Webinars from ConsensusDocs to Help Keep You Stay Out of Trouble

Without proper flow-down, your subcontracting practices might wash your company out. It is crucial to flow your prime contract to your subcontracts and supply contracts. Even minor word changes in…

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Subcontractor Terminations Are Deadly Serious: Think Ahead, Think Twice, and Think Again

By: Neal J. Sweeney, Partner, Jones Walker LLP. A contractor signs up a sub on a project with high hopes for success. Despite that enthusiasm, the contractor must plan for…

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Subcontractors and Suppliers Rights to Collect May Be Severely Limited Under a Recent Federal Decision

By:  A. Michelle West Construction Law Attorney, Smith, Currie & Hancock LLP. The Miller Act protects subcontractors, suppliers, and other qualifying claimants on public projects from non-payment by requiring general…

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Subtle and not so subtle long lasting effects of COVID on the Construction Industry

By: Frank T. Cara Partner, Troutman Pepper. When is it going to return to “normal”? We all have been asking that question. Well, for the construction industry, it may never…

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Supreme Court Requires Courts to Stay Cases Pending Arbitration

The United States Supreme Court has held that a U.S. District Court must stay a case, rather than dismiss it, if the parties enter arbitration under the Federal Arbitration Act…

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