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4 Ways to Mitigate Construction Disputes

4 Ways to Mitigate Construction Disputes Resolving construction disputes in litigation (court or arbitration) can be expensive and may drag on for years. Most disputes could have been avoided, or…

Anticipating Material Supply Chain Issues in Construction Projects

Recent news related to construction material escalation has been sobering. Today, general contractors face increased risks related to cost escalation of numerous construction materials, and it is expected that increased…

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…

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…

Beyond Repair? Your Duty to Preserve Evidence Ahead of Construction Defect Litigation

By: Brandon Rutledge, Associate, Peckar & Abramson, P.C. If a dispute over a subcontractor’s defective work escalates into a lawsuit, the seemingly innocuous act of proactively repairing defects may jeopardize…

Buy American Under President Trump: What to Know and Where We’re Heading

By: Jamie Oberg, Associate, Peckar & Abramson, P.C. On January 31, 2019, President Trump signed an Executive Order on Strengthening Buy-American Preferences for Infrastructure Projects, placing continued emphasis on the…

CGL Policy Coverage Doesn’t Cover General Contractor Despite Allegation of Damages to Property of Others

By: William L. Baggett, Jr., Partner, Smith, Currie & Hancock LLP Introduction A very recent case by West Virginia’s Supreme Court of Appeals highlights coverage issues that often arise for…

ConsensusDocs Contract Language Inspires Congressional Legislation

By: Jordan Howard, Director of Federal and Heavy Construction Division, AGC of America Congressmen Pete Stauber (MN-08) and Marc Veasey (TX-33) introduced a bipartisan bill, H.R. 2344, that will require…

Construction Law is Highly State Specific with Varying Legal Interpretation

State construction laws and case law interpreting those laws dramatically impact your contract and, thereby, your risk profile on a project. Before you sign or bid on your next construction…

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