Articles

COVID-19 and the Construction Industry: Looking Beyond Force Majeure to Recover Time and Costs for Delay

By: Robert A. Gallagher, Partner, Jamey B. Collidge, Associate, Pepper Hamilton LLP, James Diwik, Partner, Troutmen Sanders.  Much has been written about whether and how COVID-19 qualifies as a force majeure…

COVID-19 Vaccine Considerations for Employers in the Construction Industry

By: Maggie Spell Partner, Jones Walker LLP. 1. Can employers in the construction industry require employees to receive a COVID-19 vaccine as a condition of employment?  In short, it depends.…

Daily Reports – The Swiss Army Knife of Project Documentation

By: Christopher A. Henry, Associate, Jones Walker LLP  Project “Daily Reports” are some of the most important, yet overlooked aspects of a construction project. These reports serve many beneficial roles such…

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…

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…

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…

Design vs. Performance Specifications: Navigating what constitutes “justifiable” reliance under the Spearin doctrine after Sheffield Korte

On May 22, 2025, the United States Court of Appeals for the Federal Circuit (“Federal Circuit”), in affirming a decision of the Armed Services Board of Contract Appeals (“Board”), clarified…

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…

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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