Articles

Living on The Edge: The Unacknowledged Delay/Acceleration

Picture this: you were the successful bidder on a state highway project. The project is scheduled to take about two years. Notice to proceed was issued six months ago, you…

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Look Up And Look Out: Increased Antitrust Enforcement Of Horizontal No-Poach Agreements Signals Heightened Scrutiny Of Vertical Agreements May Be Next

In the current regulatory environment, it is important for contractors to remain vigilant of heightened anti-competitive enforcement in the construction and procurement spheres by the United States Department of Justice…

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Managing Design in Design-Build: Contract Language is Critical for Success

When choosing between the American Institute of Architects (AIA) and ConsensusDocs design-build contract documents, owners and contractors must understand how each will yield vastly different results on critical issues such…

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Managing Risk As a Subcontractor

Click here to read the article:   https://www.pumper.com/online_exclusives/2020/02/managing-risk-as-a-subcontractor

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Maximizing Alternative Dispute Resolution Processes in Construction: Three ConsensensusDocs Webinars Dive into Mediation, Arbitration, and DRBs

Construction, an early adopter of alternative dispute resolution (ADR) procedures, has a long-standing success story of utilizing ADR processes instead of costly and time-consuming litigation. ConsensusDocs is offering three separate…

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Merger and Disclaimer of Reliance Clauses: Guarding Against Crossed Fingers

We have all been there, though we would likely want to forget it. The nightmare project is over and after much back-and-forth negotiations over dueling claims, the parties finally reach…

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Miller Act Bonding: Requirements and Waiver

G. Scott Walters and Parker A. Lewton, Smith, Currie & Hancock LLP. The statute, 40 U.S.C. §§ 3131–34, formerly known and commonly referred to as the Miller Act, requires contractors…

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Miller Act CLAIMS: Finding Protections and Preserving Your Rights

By: Diana Lyn Curtis McGraw Associate, Fox Rothschild LLP. The Miller Act (the “Act”), which requires the prime contractor to furnish a performance bond and a payment bond to the…

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Mitigating the Consequences of Labor Unrest on Construction Projects

Until this past year, we have enjoyed an era of relative labor stability. It’s true, however, that labor unrest frequently coincides with inflationary pressure on prices, something that we are…

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