Articles

Experts Share Critical Risk Management Maxims to Avoid Costly Construction Disputes 

 The most significant construction cases include claims related to scope gaps, design changes, delay damages, lost productivity, cumulative impacts, and bad administration, according to John Sebastian of the law firm…

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Factors to Consider When Deciding to Terminate for Default

By: John T. Crowley Associate, Smith, Currie & Hancock LLP. A general contractor’s young project engineer, frustrated with an underperforming subcontractor, asked an old superintendent why the company would not…

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False Implied Certifications in Making Payment Requests: What We Can Learn from Lance Armstrong

By: Brian S. Wood and Alex Gorelik Smith, Currie & Hancock, LLP     In April 2018, the Department of Justice announced a $5M settlement reached in its lawsuit against…

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Families First Coronavirus Response Act

By: Jacob W. Scott Of Counsel, Matthew E.Cox Partner, Currie & Hancock LLP In response to several common questions regarding the Families First Coronavirus Response Act (FFCRA), we have prepared…

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Federal Vaccine Mandates: The Changing Landscape

By: G. Scott Walters Partner, Jacob W. Scott Partner, Jeanne M. Harrison Associate, Alexander Gorelik Associate, Smith, Currie & Hancock LLP.             In September 2021, the White House’s Safer Federal…

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Fixing the Problem – Not the Blame

Who is responsible for defective design under Texas law?  The contractor, under the Lonergan case? The owner, under the Spearin case?  A recent Fifth Circuit decision suggests that, in some cases, this may be…

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Florida Federal Court to Examine Issues of Alleged Arbitrator Conflicts of Interests in Panama Canal Case – May 3, 2021

By: Sarah B. Biser, Partner and Construction Practice Co-Chair, and Philip Z. Langer, Associate, Fox Rothschild LLP. The parties in a $238-million dispute over the construction of the third set…

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Florida Liquidated Damages: Your Contract Contains a Liquidated Damages Clause – Is it Enforceable?

Construction contracts commonly contain language providing for a stipulated sum of money as damages for each day of delay the project fails to meet a specific milestone, such as substantial…

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Flow-downs and Omissions – What’s in Your Subcontract?

Mike Schmaltz Finance and Commerce, August 2010 Within a contract, parties make commitments to one another for goods or services in exchange for payment. As projects and the commitments became…

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