Articles 14 - ConsensusDocs

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…

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…

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…

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…

Did You Get the Message? (And does it count?) The Legal Consequences of Text Messages, Group Chats, and Informal Digital Communication on Construction Projects

Introduction: The New Reality of Construction Communication Construction projects have always depended on a constant stream of communication. Today’s project managers, superintendents, and foremen have broadened the method of communication…

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…

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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