Articles

Leftover Equipment and Materials When a Contractor Is Abruptly Terminated

Termination for cause is costly and adversarial and has been covered in this article. But can a terminating party use equipment and tools left behind on the worksite (i.e., a…

Level 10 Construction v. Sea World LLC: Can Force Majeure Save Sea World?

By: Jamey Collidge Associate, Troutman Pepper. On June 8, 2020, Level 10 Construction, LP (“Level 10”), a construction company hired by Sea World San Diego (“Sea World”), filed a Complaint…

Lien Release Bonds – Remove Liens, But Not All Liability

Lien Release Bonds – Remove Liens, But Not All Liability  Among owners and contractors, payment and performance bonds are commonly used together in an effort to mitigate future risk against…

Limitations of Liability: Take on the Project but Don’t Bet the Company

By: James R. Artzer, Associate, Jones Walker LLP Securing a new project brings opportunity for profit and success, but that opportunity also brings great risk. Contract limitations of liability can…

Limitations: There is a Point of No Return

After nearly any event that causes inefficiency, delay, or extra cost on a project, there are some things you should always do: review the contract and document the inefficiency, delay,…

Liquidated Damages Clauses in Construction Contracts: Certainty Comes at a Price

Liquidated damages clauses in construction contracts offer contracting parties certainty about the cost of late or incomplete performance. Liquidated damages specify a sum of damages that represents damages that the…

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…

Location, Location, Location — But Which One? The Few Words in Your Construction Contract that Pick Where You Fight

Most professionals know the old real estate line: location, location, location. It turns out to be just as true for construction contracts as it is for property. Consider a recent…

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…