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De-escalating The Impact of Price Escalation

By: Brian C. Padove Associate, Watt, Tieder, Hoffar & Fitzgerald, LLP. What happens when construction material prices abruptly rise by 15%, 35%, 50%?  Moreover, what happens to a construction project…

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Designing a Fair Standard of Care in Design Agreements

One of the concerns faced by construction companies is now design liability. Design liability concerns are not limited to just design-build projects. It is a hot-button issue for builders because…

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Dispute Review Boards (DRBs): How You and Your Project Can Benefit

Webinar Summary:  Could your projects benefit from resolving potential disputes at the project level, without litigation or arbitration? Then find out how you might structure a Dispute Review Board (DRB)…

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DoD Issues Guidance on Inflation Adjustments for Contractors

The Department of Defense (“DoD”) recently issued a memorandum to contracting officers (“COs”) guiding the use of economic price adjustment (“EPA”) clauses to address inflation-related cost increases. The memorandum, entitled…

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Does a No-Damage-for-Delay Clause Also Preclude Acceleration Damages?

Ted R. Gropman and Christine Z. Fan, Pepper Hamilton LLP Construction contracts often include a “no damage for delay” clause that denies a contractor the right to recover delay-related costs…

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Does a No-Damages-For-Delay Provision Preclude a Claim For Disruption Damages?

By Erik M. Coon Associate, Smith, Currie & Hancock LLP. Delays and disruptions on construction projects are very similar, but there are important conceptual differences, even though the claims often…

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Effective Allocation of Damages for Federal Contract Claims

By: Dirk D. Haire Partner, Joseph L. Cohen Partner, and Jane Han Law Clerk, Fox Rothschild LLP. Federal construction contracts law generally recognizes four basic methods for pricing damages: (1)…

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Electronically Stored Information Discovery in Arbitration

By: Richard W. Foltz, Partner, Pepper Hamilton LLP Two years ago in this space, I wrote a piece on Combatting Arbitration Inefficiency, calling for the development of a culture of efficiency in arbitration as a shared value in the…

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Employee Screening and Testing in the COVID-19 Era: Getting Back to Work

By: Aaron C. Schlesinger, Partner, & Shannon D. Azzaro, Partner, Peckar & Abramson, P.C. Currently Available Workplace Protocols for Employers Employers seeking to minimize the risk of COVID-19 transmission in…

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