Articles

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.…

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…

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…

Time To “Construct” New Social Media Policies

By: Aaron C. Schlesinger Partner, Lauren Rayner Davis Associate, and Jennifer Harris Senior Counsel, Peckar & Abramson, P.C. The Social Media Dilemma Social media has significantly impacted all facets of…

Tips for Filing and Pursuing CDA Claims Against the Federal Government

By: Lori Ann Lange, Partner Peckar & Abramson, P.C. As construction contractors know, claims and disputes are common on federal government construction projects. However, as is typical of government work,…

Tips On Declaring A Downstream Party In Default And Termination

Parties do not typically enter a construction contract planning for failure. The goal is to build a successful project but, as industry participants know, there are obstacles during project execution…

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…

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…

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),…