Articles

The Cardinal Change Doctrine

A fundamental principle of contract law is that one party cannot unilaterally change the terms of the agreement.  Nevertheless, most construction contracts include provisions allowing the owner to unilaterally change…

The Clock is Ticking: Construction Delays and Liquidated Damages

With the on-going shortage of construction workers in the industry and other factors ranging from weather to procurement problems, the threat of project delay is real.  When a contract contains…

The Consequences of Consequential Damages In Construction Contracts

Whether it is an owner, contractor, or subcontractor, when construction entities enter into contracts their general focus is typically on a few interrelated goals: completing the project on time, within…

The Contractor’s Contingency: What Contractors and Construction Managers Need to Know and Be Wary Of

Contractors and construction managers who enter into cost reimbursable contracts subject to a guaranteed maximum price (GMP) are responsible for all project costs exceeding the GMP. For this reason, it…

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 Data Center Insurance Gap: When Risk Outgrows Coverage

“Invisible infrastructure” has become the driving force behind the world’s new normal. Massive cloud service providers must offer highly scalable, on-demand computing infrastructure and storage to businesses globally to compete.…

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.…

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