Articles

The Consequences of Consequential Damages In Construction Contracts

Whether it is an owner, contractor, or subcontractor, when construction entities enter into contracts their general focus is typically on a few interrelated goals: completing the project on time, within…

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The Contractor’s Contingency: What Contractors and Construction Managers Need to Know and Be Wary Of

Contractors and construction managers who enter into cost reimbursable contracts subject to a guaranteed maximum price (GMP) are responsible for all project costs exceeding the GMP. For this reason, it…

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The Cost of Allocating Design Risk to Contractors

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The Cross-Party Exclusion: The Hazards of Additional Named Insured Provisions

By: Laurie A. Stanziale Partner, Fox Rothschild LLP. Most construction contracts contain insurance provisions setting forth the insurance required of the contractor or other downstream parties.  Some provisions are detailed and lengthy while others are…

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The Designer’s Pre-bid Standard Of Care In A Design-Build Project

By: Joshua A. Morehouse Associate, Peckar & Abramson P.C. Design-build continues to grow in popularity as a project delivery vehicle. Yet this popularity brings its own challenges. Design-build alters the…

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The Double-Breasted Dilemma

  What Is A Double-Breasted Operation? A double-breasted operation is when a firm has two entities, and one entity performs work under collective bargaining agreements and the other does not.…

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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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