Articles

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…

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Overview Comparison Between AIA v. ConsensusDOCS Contracts

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Overview of the ConsensusDocs® 900 Public-Private Partnership (P3) Agreement and General Conditions

By: Jason Ebe, Partner at Snell & Wilmer LLP Many of our readers are aware of the ConsensusDocs family of construction industry contract templates from prior articles in this newsletter as…

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Owner’s Builder’s Risk Insurance: Are you an insured?

Contractors that have experience with claims under a project owner’s builder’s risk insurance policy will appreciate that it is not only important that your work is covered but also that…

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Pass-Through Subcontractor Claims, Liquidating Agreements, and Avoiding a Two-Front War

By: Bradley Sands Associate, Jones Walker LLP. Subcontractor claims happen.  When those subcontractor claims are prompted by owner actions or responsibilities, the general contractor must always be vigilant to plan…

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Pay-if-Paid Prohibition Expands: Will Other States Follow?

By:  Joshua E. Holt Associate, Shoshana E. Rothman Partner, and Lauren P. McLaughlin Partner,  Smith, Currie & Hancock LLP. Virginia has long been known as a state where “contract is…

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Pay-When-Paid: What is a reasonable amount of time to withhold payments to a subcontractor?

By: Brent Laman, Associate, Smith, Currie & Hancock LLP. In an early Rolling Stones classic, Mick Jagger sang, “Ti-i-i-ime is on my side. ”The refrain to that hit melody “yes it…

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Performance Bonds: Avoiding Common Mistakes And Unnecessary Risks

A performance bond ensures the timely satisfaction and completion of a construction contract.  Where a performance bond is issued on a contract between an owner and a general contractor, for…

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Performance Bonds: Follow the Letter of the Bond and
Keep The Surety Informed

By: Bill Shaughnessy, Partner Jones Walker, LLP. Construction surety bonds are risk management tools utilized by parties on large construction projects. However, bonds are not insurance, and a surety is…

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