Articles

Updated ConsensusDocs Contracts Keep You Ahead of the Curve

Construction contracts provide a foundation for project success or, if done wrong, project failure. Updating your contracts is essential. You should evaluate and update your contracts based on the latest…

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Use of Dispute Review Boards in the Construction Process

By Sarah B. Biser, Esq. Construction Practice Co-Chair, Fox Rothschild LLP.   Dispute Review Boards: Overview Problems, disagreements and claims arise in most large and complex construction projects regardless of the…

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Using Best Practices to Reach Consensus

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Virginia Joins the Trend of States Cracking Down on Worker Misclassification in the Construction Industry

By: Josh Holt Associate, Smith, Currie & Hancock LLP. In 2012, Virginia’s Joint Legislative Audit and Review Commission (“JLARC”) issued a report finding that worker misclassification—where an employer improperly classifies…

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Virtual Mediation – How Do I Make It Work For Me?

By: Adrian L. Bastianelli, III Partner, and Jennifer L. Harris Associate, Peckar & Abramson, P.C. Mediation took the construction industry by storm in the late 1980’s and has become a…

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Waiving Consequential Damages—What Could Go Wrong?

You are inexcusably late with construction of a football stadium, a casino, or similar project that generates large income for the owner. The indirect damages, often referred to as consequential…

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What Every Federal Construction Contractor Should Know About the November 2019 Update to the Technical Assistance Guide

By: Sarah K. Carpenter at Smith Currie & Hancock LLP  The Department of Labor (“DOL”) Office of Federal Contract Compliance Programs (“OFFCP”) issued its 148-page Construction Contractor Technical Assistance Guide…

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What I Love and Hate About Updating My Contracts From an Owners’ Perspective

The Construction Owners Association of America (COAA) is the largest association of construction owners in the United States. COAA just held its Spring Connect conference in downtown Baltimore on the…

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What You Should Know About Liquidated Damages and Liability Caps for Delay and Performance Liquidated Damages

Liquidated damage clauses are omnipresent in today’s construction contracts—often considered in early negotiations to provide a degree of certainty and limit financial liability. There are two principal types of LDs…

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