Articles

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…

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…

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…

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…

Getting Paid for Costs of the Government Shutdown

Now that Congress has passed a budget ending the government shutdown, contractors are left wondering how and when they will be compensated for costs incurred due to the government shutdown.…

Global Events and the Construction Supply Chain: Preparing for the Unexpected

In today’s global economy, the construction industry is increasingly vulnerable to the ripple effects of worldwide events. From the COVID-19 pandemic and the war in Ukraine to tariff impacts and…

Going Back to Work – Starting or Restarting a Construction Project During the Pandemic

By: Patrick J. Greene, Jr., Partner, Nathan A. Cohen, Partner, Curtis W. Martin, Partner, Peckar & Abramson, P.C. Over the next several weeks and months construction projects that had been shuttered…

Going Green: Preparing Federal Contractors for Greenhouse Gas Emission Disclosure Under Proposed FAR Rule

Last year, the United States federal government closed the commentary period for proposed regulation Federal Acquisition Regulation (“FAR”) Case 2021-015.[i] Under this proposed regulation, large government contractors would be required…

Going Nuclear: Termination for Cause Without an Opportunity to Cure

Termination for cause on a construction project is the equivalent of “going nuclear.” Construction is riddled with claims and litigation, and termination for cause litigation may be the costliest.[i] Construction…

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