Articles

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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Four Key Steps for a Successful Construction Audit Process

By: Ronald L. Williams Partner, Construction Practice Co-Chair, Fox Rothschild LLP. The implications of the audit provisions contained in construction agreements between owners and contractors owners extend far beyond post-completion…

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From Flawed Methodology to False Claims Act Liability: A Cautionary Tale

By  William L. Baggett, Jr.  Smith, Currie & Hancock LLP. In January 2022,  the United States Court of Federal Claims issued a harsh reminder of the serious implications of the…

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General Contractor’s Unjustified Threats to Assess Delay Damages Against Subcontractor Are a Material Breach of Contract

Randy Kinder Excavating, Inc. v. JA Manning Constr. Co. 2018 U.S. App. LEXIS 21878 (8th Cir. Aug. 7, 2018) By: Luke N. Eaton, Associate, Pepper Hamilton LLP This dispute arose from…

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Get Your Contracts Lean- Its Better than Dieting

By: Brian Perlberg, Esq., Executive Director and Senior Counsel of ConsensusDocs   I recently took the AGC Lean Construction Educations Program Units 1-7. After studying diligently, I’m happy to say…

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