Articles

To Pay or Not to Pay: When Payment and Withholding Rights Collide

Many states have laws (both in the form of statutes and court case decisions) governing the form and timing of payments to contractors and subcontractors. However, many states also have…

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To Settle or Not Settle: Factors to Weigh and Practical Considerations

Deciding to settle a construction dispute is often wrought with difficulty, requiring the decision maker to evaluate a number of factors. Nevertheless, there are no hard and fast rules that…

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Touchdown! – The Construction Industry’s Winning Audible to the COVID Blitz

By: Bill Shaughnessy Partner, Jones Walker, LLP. COVID-19 has changed the way we live, work, play football, and build. As with all of society (and our football leagues and teams),…

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Trends in Project Delivery Methods in Construction

The three key measures of a construction project’s success are cost, quality, and time (delays). The project delivery method that the owner of the project selects can affect each of…

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Trust, But Verify: Addressing Risk of Non-Payment by Owners

Receiving payment is an important piece of any for-profit business.  And construction contractors are no exception.  But sometimes payments do not arrive on time (or, worse yet, not at all),…

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Two New Proposed Rules Signal Big Changes for Cybersecurity in Federal Contracts

The United States faces increasingly sophisticated cyber campaigns that threaten the public and private sectors’ security and privacy. The public and private sectors have been rocked by vulnerabilities. Such examples…

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U.S. Supreme Court Decision May Negate State Law Requirement to File a Certificate of Merit with the Complaint in a Federal Action Against a Design Professional

To deter frivolous and unfounded claims against design professionals, states throughout the country have enacted statutes which generally require litigants to furnish a formal certification of merit (“COM”) from a…

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Understanding the Benefits and Challenges of Progressive Design-Build Webinar

Progressive Design Build (PDB) differs from traditional design-build and has grown in popularity, especially for bigger projects. PDB allows an Owner to quickly select a design-builder based upon qualifications or…

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Unfair Risk Allocation on Design-Build Projects

By: Brian Perlberg, Executive Director of ConsensusDocs Coalition & AGC Senior Counsel. The AGC annual convention included a session entitled “Who’s on the Hook for Design Defects in Design-Build Projects.” Fox…

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