Articles

Revised ConsensusDocs Performance and Payment Bond Forms:

ConsensusDocs standard documents are the only forms available to sureties that draw on expertise of a broad cross–section of stakeholders, including NASBP and 40 other leading industry endorsing organizations. NASBP…

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Revised Standard Cost-of-the-Work Agreement Adds to Recent ConsensusDocs Updates

ConsensusDocs is about to publish an updated standard ConsensusDocs 235 Owner/Constructor Standard Agreement. The ConsensusDocs 235 provides a short form standard prime contract. Construction work payment is based upon cost-of-the-work plus…

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Revisiting Termination For Convenience Clauses In Uncertain And Ever-Changing Economic Times

In these times of persistent inflationary forces and efforts to tame the consequences through rising interest rates, economic uncertainty abounds in the United States and around the world.  As an…

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SBA Expands Federal Contracting Opportunities for Small and Newer Businesses

There may be a new opportunity for small businesses to expand their book of business when it comes to their pursuit of federal contracts.  In the summer of 2022, the…

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Second Circuit Brings Clarity To Scope of “Joint Employer” Theory in Discrimination Cases

By: Kevin J. O’Connor Partner, Aaron C. Schlesinger Partner, Lauren R. Davis Associate, Peckar & Abramson. The “joint employer” doctrine has been used with increasing frequency by the plaintiffs’ bar…

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Setting Priorities to Find a Common Middle Ground in Contracts

Reaching an agreement on a construction contract that leads to a positive outcome for all parties involved – owner, builder, designer – should be the goal of your contract negotiations.…

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Shifting The Risk Of Delay By Having Float Go Your Way

By: Christopher J. Brasco Partner, and Matthew D. Baker Attorney, Watt, Tieder, Hoffar & Fitzgerald, LLP. Critical path delay plays a central role in allocating responsibility for project delay.  The…

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So You Want to Arbitrate? Better Make Sure Your Contract Covers All Bases.

 By: Stephanie Nolan Deviney Partner, Fox Rothschild LLP. As a General Contractor, you may prefer to arbitrate any contractual disputes rather than engage in protracted litigation.  Many Courts favor arbitration…

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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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