Articles

Waiving Consequential Damages—What Could Go Wrong?

You are inexcusably late with construction of a football stadium, a casino, or similar project that generates large income for the owner. The indirect damages, often referred to as consequential…

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What Every Federal Construction Contractor Should Know About the November 2019 Update to the Technical Assistance Guide

By: Sarah K. Carpenter at Smith Currie & Hancock LLP  The Department of Labor (“DOL”) Office of Federal Contract Compliance Programs (“OFFCP”) issued its 148-page Construction Contractor Technical Assistance Guide…

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What I Love and Hate About Updating My Contracts From an Owners’ Perspective

The Construction Owners Association of America (COAA) is the largest association of construction owners in the United States. COAA just held its Spring Connect conference in downtown Baltimore on the…

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What We Really Want from Construction Mediators and Arbitrators

What do construction professionals really want from arbitrators, mediators, and dispute review board (DRB) members? Well, ConsensusDocs is hosting a series of ConsensusDocs webinars on July 16, July 18, and…

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What You Should Know About Liquidated Damages and Liability Caps for Delay and Performance Liquidated Damages

Liquidated damage clauses are omnipresent in today’s construction contracts—often considered in early negotiations to provide a degree of certainty and limit financial liability. There are two principal types of LDs…

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When Construction Defects Appear, Don’t Choose Between Rebuilding and Building Your Case

By: Curtis Martin Co-Managing Partner, Peckar & Abramson. When construction defects occur during construction, they intensify pressure from a schedule that may already be tight.  Defects must be analyzed, confirmed,…

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When do hard-nosed negotiations become coercion? Or, when should you feel unlucky?

By: Stan MillanJones Walker, LLP   “You can’t go to a negotiating table pointing a gun, but you’ve got to keep it over your shoulder.” Joe Slovo   Conflict in…

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When Is the Price Right? Setting the GMP for Design-Build 

When contracting for design-build, ConsensusDocs offers options. The ConsensusDocs 410 Design-Build Agreement [Cost of the Work with a Guaranteed Maximum Price (GMP)] is the most popular within ConsensusDocs. Contractually, the…

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When the Contractor’s Right to Offset Gets Nixed by the State

By: Lauren P. McLaughlin, Esq. & Raziye Andican, Esq. Smith, Currie & Hancock LLP. Disputes frequently arise at the end of a project between subcontractors and general contractors regarding offset.…

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