Articles

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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Beyond the Flow-Down Clause: Subcontract Provisions That Can Expose General Contractors to Increased Liability and Inconsistent Outcomes

Flow-down clauses in construction subcontracts—blanket clauses providing that some or all of the terms and conditions in the prime contract between the general contractor and the property owner apply equally…

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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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Bright-Line Changes: Prompt Payment Act Trends

Untimely payment by the owner for contract work and additional work on construction projects can place an unfair financial burden on contractors and subcontractors.  Most states have attempted to eliminate…

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Build America Buy America Act – Federal Aviation Administration (FAA) Compliance and Waivers in the Spotlight

While contractors incur the extra costs involved, agencies have slowly begun to implement  Build America, Buy America Act Pub. L. No. 117-58 (“BABA”) requirements after the final Office of Management…

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Build America, Buy America Act (BABA) – Federal Highway Administration (FHWA) Compliance In the Spotlight

BABA is the most expansive domestic preference law in American history, requiring all federal funding on state and local projects to meet minimum BABA requirements for (1) iron and steel,…

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Build America, Buy America Act Final Guidance Effective October 23, 2023

The Office of Management and Budget’s (OMB) August 14, 2023, final guidance for the “Build America, Buy America” (BABA) Act requirements went into effect on October 23, 2023. OMB’s final…

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Build Your Construction Contract On Solid Ground: Know The Documents You Incorporated By Reference!

By: Bradley Earl Sands, Associate, Jones Walker, LLP. A construction contract is the foundation of any construction project.  But a foundation is only as strong as the ground it is built…

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