Articles

Revisiting Termination For Convenience Clauses In Uncertain And Ever-Changing Economic Times

In these times of persistent inflationary forces and efforts to tame the consequences through rising interest rates, economic uncertainty abounds in the United States and around the world.  As an…

SBA Expands Federal Contracting Opportunities for Small and Newer Businesses

There may be a new opportunity for small businesses to expand their book of business when it comes to their pursuit of federal contracts.  In the summer of 2022, the…

Second Circuit Brings Clarity To Scope of “Joint Employer” Theory in Discrimination Cases

By: Kevin J. O’Connor Partner, Aaron C. Schlesinger Partner, Lauren R. Davis Associate, Peckar & Abramson. The “joint employer” doctrine has been used with increasing frequency by the plaintiffs’ bar…

Setting Priorities to Find a Common Middle Ground in Contracts

Reaching an agreement on a construction contract that leads to a positive outcome for all parties involved – owner, builder, designer – should be the goal of your contract negotiations.…

Shifting The Risk Of Delay By Having Float Go Your Way

By: Christopher J. Brasco Partner, and Matthew D. Baker Attorney, Watt, Tieder, Hoffar & Fitzgerald, LLP. Critical path delay plays a central role in allocating responsibility for project delay.  The…

Snooze You Lose? Enforcement of Notice and Timing Provisions

Deadlines are an inescapable part of the construction industry.  Bid deadlines. Submittal deadlines. Material delivery deadlines. Substantial completion.  Final completion. And so, inevitably, fighting about deadlines becomes a necessary byproduct.…

So You Want to Arbitrate? Better Make Sure Your Contract Covers All Bases.

 By: Stephanie Nolan Deviney Partner, Fox Rothschild LLP. As a General Contractor, you may prefer to arbitrate any contractual disputes rather than engage in protracted litigation.  Many Courts favor arbitration…

Some Pros and Cons of Arbitration Clauses in Your Contract

There is no “one-size-fits-all” approach to choosing the dispute resolution procedure in construction contracts. The appropriate form of dispute resolution depends on the particular situation of each project and the…

State And Local Bid Protests: Sunk Costs and the Meaning of a “Win”

By: Amy Anderson Partner, Jones Walker LLP. Across the United States, state and local agencies often use competitive bidding to award contracts for various types of work. Generally speaking, a…

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