Articles

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…

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…

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. 

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…

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…

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…

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…

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…