Articles

Subcontractor Terminations Are Deadly Serious: Think Ahead, Think Twice, and Think Again

By: Neal J. Sweeney, Partner, Jones Walker LLP. A contractor signs up a sub on a project with high hopes for success. Despite that enthusiasm, the contractor must plan for…

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Subcontractors and Suppliers Rights to Collect May Be Severely Limited Under a Recent Federal Decision

By:  A. Michelle West Construction Law Attorney, Smith, Currie & Hancock LLP. The Miller Act protects subcontractors, suppliers, and other qualifying claimants on public projects from non-payment by requiring general…

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Subtle and not so subtle long lasting effects of COVID on the Construction Industry

By: Frank T. Cara Partner, Troutman Pepper. When is it going to return to “normal”? We all have been asking that question. Well, for the construction industry, it may never…

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Supreme Court Requires Courts to Stay Cases Pending Arbitration

The United States Supreme Court has held that a U.S. District Court must stay a case, rather than dismiss it, if the parties enter arbitration under the Federal Arbitration Act…

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Supreme Court’s End to Chevron Deference Impacts

CDA Claims and Bid Protest Procedures On June 28, 2024, the United States Supreme Court ended the long standing doctrine of Chevron deference. The Court’s decision in Loper Bright Enterprises…

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Sweat the Small Stuff – Don’t Overlook These Three (3) Clauses When Negotiating Your Construction Contract

Reviewing and understanding the terms of your construction contract before signing on the dotted line (ideally with counsel involved) is an obvious best practice – whether you are owner, general…

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Sword and Shield: How Contractors Can Both Use and Protect Themselves from Contractual Time Limits for Bringing Suit

Contractors often include time limits to bring claims in their contracts to prevent themselves from being dragged into litigation over projects that were completed years earlier. However, if the contract…

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Tailoring Construction Alternative Dispute Resolution Clauses with ConsensusDocs and ClauseBuilder® AI (Beta)

In the complex and evolving world of construction projects, disputes are often inevitable. However, their resolution doesn’t have to be time-consuming or contentious. By leveraging tools like ConsensusDocs’ standard contracts…

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Taking Advantage of New Tax Credits and Prevailing Wage Bonuses Under the Inflation Reduction Act for Clean Energy Construction Projects

Introduction: IRA Boosts U.S. Construction Industry On August 16, 2022, President Biden signed the Inflation Reduction Act of 2022 (the “IRA”) into law.[1] The IRA marked a legislative milestone for…

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