Articles

Navigating The “Flow-Down” Of Risk Through Multiple Contract Layers

As the name implies, flow-down clauses seek to “flow” (i.e., allocate) obligations and risk from one contract tier to the next. The ostensible purpose is to ensure that the respective…

Read More

Navigating the Executive Order Ending Affirmative Action and DEI for Federal Contractors: Essential Steps for Compliance

Overview of Executive Order 14173 Federal contractors, subcontractors and grantees have until April 21, 2025, to comply with President Trump’s Executive Order (“EO”) 14173 entitled “Ending Illegal Discrimination and Restoring…

Read More

Navigating the Latest Changes in ConsensusDocs Short Forms

ConsensusDocs recently introduced noteworthy updates to its most used prime and subcontract agreements, detailed here.  In this article, we’ll take a closer look at the revisions made to the short…

Read More

Negotiating Material Escalation Clauses

By: Jeanne M. Harrison Associate, Smith Currie & Hancock LLP. Negotiating Material Escalation Clauses I recently bought a new home. One thing I noticed during my house search: new homes are…

Read More

New Certification Requirements for Veteran-Owned Small Business Concerns and Service-Disabled Veteran-owned Small Business Concerns Seeking Public Procurement Contracts

Effective January 1, 2023, Veteran-Owned Small Business Concerns (VOSBs) and Service-Disabled Veteran-Owned Small Business Concerns (SDVOSBs) will be required to obtain Small Business Administration (SBA) certification to participate in any…

Read More

New Consensus Contract Template Offers Lean Practices to Enhance Design-Build Project Delivery

By: Jason Ebe Partner, Snell & Wilmer. Lean construction aims to minimize waste of materials, time and effort and increase the productivity and effectiveness of construction work. ConsensusDocs (“CD”), a…

Read More

New ConsensusDocs 242 Design Professional Change Order Form Helps Facilitate Compensation for Changes in Design Services

ConsensusDocs is publishing a new ConsensusDocs 242 Change in Services and Compensation, a change order for design services by a design professional. In the design and construction industry, one thing is…

Read More

New Decision Creates Mandatory Litigation Stay in Favor of Arbitration

On June 23, 2023, the Supreme Court of the United States in Coinbase, Inc. v. Bielski held that all federal courts must stay litigation proceedings while a motion to compel arbitration is…

Read More

New Executive Order Calls for Review on Contractors’ Use of Temporary Foreign Labor

Lori Ann Lange Partner and Sabah Petrov, Associate Peckar & Abramson, P.C.                 In response to the COVID-19 pandemic and its detrimental impact on American workers, on August 3, 2020,…

Read More