Articles

The Cross-Party Exclusion: The Hazards of Additional Named Insured Provisions

By: Laurie A. Stanziale Partner, Fox Rothschild LLP. Most construction contracts contain insurance provisions setting forth the insurance required of the contractor or other downstream parties.  Some provisions are detailed and lengthy while others are…

The Department of Justice Prioritizes Federal Contractor Compliance with Cybersecurity Requirements Via Enforcement of the False Claims Act

“Settlements and judgments under the False Claims Act [“FCA”] exceeded $2.9 billion in the fiscal year ending Sept. 30, 2024,” announced the United States Department of Justice’s (“DOJ”) Civil Division…

The Designer’s Pre-bid Standard Of Care In A Design-Build Project

By: Joshua A. Morehouse Associate, Peckar & Abramson P.C. Design-build continues to grow in popularity as a project delivery vehicle. Yet this popularity brings its own challenges. Design-build alters the…

The Double-Breasted Dilemma

  What Is A Double-Breasted Operation? A double-breasted operation is when a firm has two entities, and one entity performs work under collective bargaining agreements and the other does not.…

The Final Frontier Opens Up New Business Opportunities for Private Contractors

Earlier this year, the U.S. Department of Defense (“DOD”) issued its Commercial Space Integration Strategy. While arguably still in the early stages of implementation, this policy shows a significant shift…

The Ghosts of Tariffs Past May Help Us in the Future

The havoc material tariffs have caused the construction industry is nothing new. President-Elect Donald Trump imposed heavy tariffs on steel and aluminum in his first administration in 2016. While the…

The Hidden Risks of Using AI on Construction Projects

Artificial intelligence (“AI”) is becoming an increasingly common presence in the construction industry. From drafting scopes of work and flagging safety issues to evaluating subcontractors and reviewing contracts, AI is…

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…

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…