Articles

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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More Clear, But Not Yet Crystal: Virginia Amends its Prompt Payment Law and Legislation Banning “Pay-If-Paid Clauses in Construction Contracts Effective July 1, 2023

The Virginia General Assembly has joined a minority of jurisdictions that ban pay-if-paid clauses in construction contracts on public and private projects. Senate Bill 550 went into effect applying to…

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More on Delegated Design

Delegated design is when the lead design professional, an architect or engineer, delegates a portion of design responsibility to the builder. Standard construction documents have traditionally addressed this issue in…

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Nailing Down the Details: The UCC’s Impact on Construction Contracts

A construction contract is generally defined as an agreement between a builder and an owner for the construction or improvement of a building, structure, or other infrastructure. Because the work…

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Navigating Federal Government Contracts Under Newly Imposed Tariffs

Introduction The imposition of new tariffs can create significant challenges for federal government contractors. Tariffs on imported goods such as steel, aluminum, and other materials may lead to higher procurement…

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