Articles

An Owner, General Contractor, and Subcontractor Walk into a Contract Negotiation Room and Agree on One Thing: ConsensusDocs is Extremely Helpful 

Builders assess their risk and set their prices accordingly. Don Gregory, legal counsel for subcontractors and other industry practitioners for more than 40 years, recommends that Subcontractors condition their bids…

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Anticipating Material Supply Chain Issues in Construction Projects

Recent news related to construction material escalation has been sobering. Today, general contractors face increased risks related to cost escalation of numerous construction materials, and it is expected that increased…

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Appeals of HUBZone Status Protests Shift to the SBA OHA

On Monday, April 10, 2023, the Small Business Administration (SBA) released a final rule regarding appeals from protest determinations related to Historically Underutilized Business Zone (HUBZone) small business concerns. The…

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Approaches in the Absence of a Differing Site Conditions Clause

By: Parker A. Lewton, Associate, Smith, Currie & Hancock LLP A contractor who has encountered unforeseen conditions will typically rely on the contract’s differing site conditions clause as a means…

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Are ConsensusDocs Finally Viable?

For the full article please click here Are ConsensusDOCS finally viable? Taft Stettinius & Hollister LLP In 2007, a coalition of organizations, initiated by the Associated General Contractors but joined…

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Are Contracting Parties Treated the Same When It Comes to Notice Obligations?

By: Scott Walters, Partner, Smith, Currie & Hancock LLP Overview Experienced project delivery team members know too well the importance of timely and proper notice during a construction project. Ideally, contractual…

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ASBCA Reminds Federal Contractors that Lack of Bonding Can Lead to Terminations for Default.

By: Alexander Gorelik Associate, Smith, Currie & Hancock LLP A pair of recent decisions from the United States Armed Services Board of Contract Appeals (ASBCA), addressing the appeals of Odyssey…

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At Long Last, Cybersecurity Maturity Model Certification 2.0 Takes Effect

“Cyberattacks have emerged as one of the most significant threats to our homeland,” says Secretary of Homeland Security Alejandro N. Mayorkas. He is not wrong. Global cybercrime costs are expected to…

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Becoming the Prudent Subcontractor: Navigating the Minefield of Interim Waivers

By: Matt Corder Summer Associate, Jones Walker LLP. Monthly progress payments are the lifeblood of construction. Subcontractors need prompt payment on a monthly basis to maintain cash flow and stay…

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