Articles

The Final Frontier Opens Up New Business Opportunities for Private Contractors

Earlier this year, the U.S. Department of Defense (“DOD”) issued its Commercial Space Integration Strategy. While arguably still in the early stages of implementation, this policy shows a significant shift…

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The Ghosts of Tariffs Past May Help Us in the Future

The havoc material tariffs have caused the construction industry is nothing new. President-Elect Donald Trump imposed heavy tariffs on steel and aluminum in his first administration in 2016. While the…

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The Impact of the IIJA and Amended Buy American Act on the Construction Industry

By: Chad Theriot, Jones Walker and Stan Millan, Special Counsel, Jones Walker. Contractors working on federally funded construction projects need to be aware of the new Infrastructure Investment and Jobs…

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The Increasing Trend of Caps in Construction Contracts and Negotiating Them

Risks are inherent in every construction project and all parties involved face them: owners, designers, general contractors/builders, subcontractors, suppliers…. Equitably allocating such risks is one of the most important and…

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The Key to More Efficient Construction Projects is Collaborative Contracts

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The Most Read Construction Law Articles of 2023

ConsensusDocs publishes a monthly construction law newsletter that you can sign up for free at the bottom of this page here. ConsensusDocs compiles the top five most-read articles of the…

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The Pitfalls of Stapling Quotes to P.O.s –
Buyout, Mixed Contracts, and Contracts for Modular Construction

By: John T. Crowley Associate, Smith Currie & Hancock LLP. A Project manager buried in supplier buyout asked himself, “Self, why can’t I just staple these quotes to the back…

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The Practical Distinction Between Anticipatory Breach and Repudiation and How to Deal with Both on Construction Projects

When a multilevel construction project is underway and a contractor or subcontractor isn’t performing as expected, it can be difficult to know how to address the low performance without putting…

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The Requirement to State a “Sum Certain” No Longer a Jurisdictional Bar to Government Contract Claims

The Boards of Contract Appeals, Court of Federal Claims, and the Federal Circuit have long held that the elements of a claim under the Contract Disputes Act (“CDA”) to be…

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