Articles

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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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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Best Foot Forward: Preserving Limited Liability and Leverage in Negotiating Termination for Convenience Payment  

From the position of the general contractor on a project, a termination for convenience provision is an important limitation of liability that should be built into subcontracts.  Any manner of…

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Best Practices: Drafting Contractual Safety Provisions

Construction accidents can cause significant personal injury or death, property damage, job delays, and increased costs. As a result, it is imperative that owners and contractors continuously monitor and manage…

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Betterment and First Costs – Entitlement to Damages from Defects, Deviations, and Deficiencies Doesn’t Come with a Blank Check

When an owner is entitled to damages due to faulty construction work, errors or omissions in the design, or other breaches of a construction or engineering contract, damages are generally…

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Bidder Be Thoughtful: The Impacts of Disclaimers in Pre-Bid Reports

By: Joshua A. Morehouse Associate, Peckar & Abramson, P.C. When bidding a project, subsurface or latent site conditions that are not immediately apparent can massively impact the costs of performance…

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BIM Comes of Age: The New ConsensusDocs BIM Addendum (2015) for Lifecycle Building Information Modeling

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