Articles

In Light of Tariff Uncertainty, Cost-Plus Contracts Are a Great Solution

Cost-of-the-work agreements (aka “cost-plus” contracts) are commonly used in commercial construction contracting to establish the terms and conditions for a project based on the cost of the work performed.[i] The…

In Uncertain Times, ConsensusDocs Provides A Clear Path to Request Critical Project Financial Information

By: Philip E. Beck Partner, Smith, Currie & Hancock LLP. ConsensusDocs recently presented a timely webinar entitled “Managing Subcontractor Default, Bankruptcy, and Owner Insolvency in a Recovering Post Covid-19 Construction…

Integrated Project Delivery (IPD) Contracts Get Multiple Parties on the Same Page Literally 

IPD represents a small share of project delivery methods used in the United States, but there are advantages. Lean construction works most efficiently with an IPD agreement providing the contractual…

Intellectual Property And Employment Law Best Practices: Are You Covering Your Bases In Protecting Construction-Related Trade Secrets?

By: Colin Holley Partner Watt, Tieder, Hoffar, & Fitzgerald, LLP. Brief Overview Of Types Of Intellectual Property There are four main types of intellectual property (IP) – patents, copyrights, trademarks…

International Construction Disputes

R. Zachary Torres-Fowler Associate and Cindy Lee Associate, Troutman Pepper. This article was originally published in American Bar Association (ABA). On March 13, 2020, the United States, Canada, and Mexico ratified the long-awaited “Agreement…

Is ConsensusDocs Arbitration Final and Binding?

For more than a hundred years the construction industry has been a leading user of arbitration to resolve disputes. Over the last decade, arbitration has lost some of its favor…

Is Safety Compliance Putting Your Project in Jeopardy? Examining the Essentials of DOE’s Worker Safety and Health Program

Most contractors are familiar with the myriad of labor and safety regulations intended to safeguard the health and safety of workers. Many contractors will be equally familiar with the maze…

Is Short Too Short? The Differences Between Short and “Long-Form” Construction Contracts

Is short too short? This article tries to answer that question for construction contracts by delving into the major differences between short-form agreements and regular standard ConsensusDocs contracts. Short-Form Contracts…

Is Your Contract “Mission Essential?” Recovering Costs for Performing During a Force Majeure Event Under Federal Regulations 

By: Joneis M. Phan, Of Counsel and Sarah K. Bloom, Associate, Watt, Tieder, Hoffar, & Fitzgerald, LLP. Federal contractors have faced unprecedented challenges performing during the COVID-19 pandemic. Additional costs…