Articles

The Impact of the IIJA and Amended Buy American Act on the Construction Industry

By: Chad Theriot, Jones Walker and Stan Millan, Special Counsel, Jones Walker. Contractors working on federally funded construction projects need to be aware of the new Infrastructure Investment and Jobs…

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The Increasing Trend of Caps in Construction Contracts and Negotiating Them

Risks are inherent in every construction project and all parties involved face them: owners, designers, general contractors/builders, subcontractors, suppliers…. Equitably allocating such risks is one of the most important and…

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The Key to More Efficient Construction Projects is Collaborative Contracts

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The Most Read Construction Law Articles of 2023

ConsensusDocs publishes a monthly construction law newsletter that you can sign up for free at the bottom of this page here. ConsensusDocs compiles the top five most-read articles of the…

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The Pitfalls of Stapling Quotes to P.O.s –
Buyout, Mixed Contracts, and Contracts for Modular Construction

By: John T. Crowley Associate, Smith Currie & Hancock LLP. A Project manager buried in supplier buyout asked himself, “Self, why can’t I just staple these quotes to the back…

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The Practical Distinction Between Anticipatory Breach and Repudiation and How to Deal with Both on Construction Projects

When a multilevel construction project is underway and a contractor or subcontractor isn’t performing as expected, it can be difficult to know how to address the low performance without putting…

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The Requirement to State a “Sum Certain” No Longer a Jurisdictional Bar to Government Contract Claims

The Boards of Contract Appeals, Court of Federal Claims, and the Federal Circuit have long held that the elements of a claim under the Contract Disputes Act (“CDA”) to be…

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The Rise of Modular Construction – Impacts for Consideration

Modular construction is not new. However, over the last several years, modular construction has seen significant growth with no signs of slowing down. In 2021, global modular construction represented a…

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The Status of OSHA’s Impending Heat Stress Standard

By: Stephen E. Irving Senior Counsel, Peckar & Abramson, P.C. There has been much talk in the last several months about OSHA’s intent to establish a national standard to prevent…

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