Articles

PROMISSORY ESTOPPEL – Your friend when asked to do change/extra work with no written change order 

By: Paulo Flores, Esq. Partner, Peckar & Abramson, P.C.  The Problem: Have you ever run into the following situation:  The Project Owner insists on performance of change or extra work…

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Proposed Rule Would Impose Government-Wide Controlled Unclassified Information (CUI) Handling Requirements

Global cybercrime costs are expected to reach $10.5 trillion annually by 2025. (Cost of a Data Breach Report, 2024, IBM). Cybersecurity is not a partisan issue — the government has…

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Pyrrhic Victories: Consider the Real Cost of “Winning” a Dispute

Careful consideration should always be given to both the long-term cost of a dispute and the potential to recover those costs. Construction disputes can be very expensive, with attorney’s fees…

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Re-Thinking the One-Sided Contract: Considerations for a More Balanced Approach to Contracting

Construction projects can be inherently risky – often there are multiple parties (owners, architects, engineers, contractors, subcontractors, consultants, vendors, government officials, sureties, insurers, and many others), unforeseen site conditions, tangled…

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Ready, Fire, Aim: The Importance of Targeting Your Delay Notices

By: Bradley Sands Associate, Jones Walker, LLP. Providing written notice of delay to subcontractors when a project is behind schedule is a regular part of good project documentation practices. A…

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Recent Developments in Legislative Efforts To Combat Climate Change

Governments across the United States have been increasingly integrating climate considerations into legislation affecting various sectors of the economy. The construction industry is no exception. Recent legislative developments at various…

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Recovering Attorney’s Fees and Expenses: Recent Court Decision Helps Define Who is a “Prevailing Party”

Litigating against the United States can be costly, especially in construction disputes where extensive discovery and expert witnesses are the norm. Congress enacted the Equal Access to Justice Act (“EAJA”),…

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Recovering For Inflation On Federal Contracts: Recent DOD Guidance On Economic Price Adjustment Clauses

Since October 2020, inflation in the United States has seen its fastest increase in more than 30 years. In the last year alone, inflation has remained as high as 8.6%.…

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Recovery of Material Escalation Costs Arising From Steel and Aluminum Tariffs

Written by: Adrian L. Bastianelli, III, Esq., Partner, and Mark R. Berry, Esq., Partner, Peckar & Abramson, P.C. On March 8, 2018, President Trump signed executive proclamations imposing a 25%…

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