Articles

Department of Defense Publishes Final Rule to Implement Cybersecurity Maturity Model Certification 2.0 in Solicitations and Contracts

On September 10, 2025, the U.S. Department of Defense (“DoD”) published a rule amending the Defense Federal Acquisition Regulation Supplement (“DFARS”), which allows for the formal incorporation of requirements of…

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Design Delegation – Practical Considerations and the Need for Clarity

By: Gregory H. Chertoff and Levi W. Barrett of Peckar & Abramson, P.C. “Design Delegation” has existed in various, ad hoc, forms for generations. Building plans from 150 years ago…

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Design-Assist Collaboration/Follow-up Post

By: John P. Ahlers, founding member, Ahlers Cressman & Sleight PLLC Shortly after posting the blog article “Design-Assist an Ambiguous Term Causing Conflict in the Construction Industry,” I received an…

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Design-Build ‘Work’ Shouldn’t All Be Treated the Same Contractually Speaking: So, Choose Your Contract Carefully

By: Brian Perlberg, Executive Director & Senior Counsel ConsensusDocs Coalition. While traditional contracting or design-bid-build is still the most prevalent project delivery method in the United States construction market, the…

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Design-Build and IPD Contracts: Who is responsible for the design when unforeseen conditions arise and why does that matter?

There has been a rise recently in the construction industry in Design-Build (DB) and Integrated Project Delivery (IPD) contracts. These newer models aim to improve project efficiency, foster collaboration, and…

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Design-Build—An International Perspective on Best Practices for Sustained Design-Build Success

Formed in 2020 with the goal of providing a uniquely developed perspective, insight, and service to the global construction and infrastructure community, Leading Construction Lawyers Alliance (LCL) strives to share…

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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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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-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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