Articles

No Cherry Picking: Direct Benefits Estoppel and Binding Non-Parties to Arbitration

General contractors appreciate the importance of understanding the provisions in their own contracts. However, understanding the provisions contained in other parties’ contracts on the same Project can be just as…

Read More

No Damage for Delay? No Problem: Exceptions to the Enforceability of No Damage for Delay Clauses

By: Chris Broughton Associate, Jones Walker LLP Introduction: Under a no-damage-for-delay clause, the owner is not liable for any monetary damages resulting from delays on the project. In lieu of…

Read More

No Signature? Potentially No Problem for Sureties Enforcing a Bond’s Forum Selection Clause

By: Brian C. Padove Associate, Watt, Tieder, Hoffar, & Fitzgerald, LLP. One of the foundational tenets of contract law is that a party may only be bound by terms they…

Read More

Nonconsensus

Read More

Not All Design-Build Projects Are Created Equal

By: Nicole G. Markowitz Senior Associate, and Richard S. Robinson Senior Counsel, Peckar & Abramson, P.C. As the need for faster and more efficient construction increases, design-build agreements are growing in popularity. Design-build projects may account for 44% of nonresidential building in the United…

Read More

Not All Insurance Policies Are Alike Regarding COVID-19 Losses- May 6, 2021

By: Neal I. Sklar Partner, Joshua A. Morehouse Associate, Peckar & Abramson, P.C. A recent case from the Central District of California reminds us that not all insurance policies are…

Read More

Not If, But When: Newly Enacted Virginia Legislation Bans “Pay-If-Paid” Clauses In Construction Contracts 

Recently passed legislation in Virginia is likely to dramatically change contractual relationships between prime contractors and subcontractors in the Commonwealth. 

Read More

Not So Fast, My Friend: Pacing and Concurrent Delay

By: William E. Underwood Partner, Jones Walker LLP. When critical path activities are delayed by the owner (or another party), contractors will sometimes “pace,” or slow down, other activities to…

Read More

Overview Comparison Between AIA v. ConsensusDOCS Contracts

Click here to to view full comparison.

Read More