Articles

Moving in Before Substantial Completion? The Risks of Early Owner Occupancy

Introduction On many construction projects, particularly large projects facing schedule pressure, owners may begin occupying or using portions of the project before the work reaches substantial completion. This is often…

Nailing Down the Details: The UCC’s Impact on Construction Contracts

A construction contract is generally defined as an agreement between a builder and an owner for the construction or improvement of a building, structure, or other infrastructure. Because the work…

Navigating Federal Government Contracts Under Newly Imposed Tariffs

Introduction The imposition of new tariffs can create significant challenges for federal government contractors. Tariffs on imported goods such as steel, aluminum, and other materials may lead to higher procurement…

Navigating Tariffs in Construction Contracts: Creative Strategies for Owners and Contractors

Introduction Steering Through the Storm of Tariff Uncertainty Tariffs on critical construction materials—steel, aluminum, lumber, and more—are roiling project budgets and schedules, leaving owners and contractors adrift in a sea…

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…

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…

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…

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…

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…