Articles

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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The U.S. Occupational Safety and Health Administration withdrew its Emergency Temporary Standard

By: Sarah K. Bloom Associate, and Gregory M. Wagner Associate, Watt, Tieder, Hoffar, & Fitzgerald, LLP. Effective January 26, 2022, the U.S. Occupational Safety and Health Administration (“OSHA”) withdrew its…

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The WeChat Ban: Where We Are Now and How May It Impact International Construction, Manufacturers, and Equipment Suppliers

By: Bob Gallagher, Jamey Collidge, and Karen Shin, Troutman Pepper. Updated October 27, 2020 On August 6, President Trump issued an executive order banning WeChat, a Chinese app developed by…

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Thinking of setting down a new flag? What must a contractor know when expanding to a new region?

By: Shoshana E. Rothman, Partner, Smith, Currie & Hancock, LLP. During periods of growth and diversification, contractors often look to new geographic regions as part of their strategic business development.…

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Three Recent Cases Strike Down Liquidated Damages Clauses In Settlement Agreements…A Trend Or An Aberration?

By Adam M. Tuckman Partner, Watt, Tieder, Hoffar, & Fitzgerald, LLP Beginning more than one century ago, owners and contractors generally have adopted the convention of including liquidated damages in…

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Time is Money: Escalating Stalled Termination Cost Negotiations

Stormy Skies: Internal Audit Delays Contractors are getting tangled up in the perfect storm of red tape and agency personnel changes. The U.S. Government already struggles to cut through bureaucratic…

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