Articles

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…

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),…

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…

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…

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…

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…

United States Department of Labor Finalizes Independent Contractor Rule

On January 10, 2024, the Wage and Hour Division of the U.S. Department of Labor issued its long awaited final rule, Employee or Independent Contractor Classification Under the Fair Labor Standards…

Upcoming Updates to ConsensusDocs Design-Build Contracts: What You Need to Know

With over $300 billion dollars in annual revenue tied to alternative project delivery, staying ahead of contracting best practices is crucial for the construction industry. Revenue from the top 100…

Update on Legal Challenges to FTC’s Rule Banning Non-Compete Agreements

On April 23, 2024, the Federal Trade Commission (“FTC”) approved a broad rule that bans a large majority of non-compete clauses between employers and their workers (the “Rule”). (Read our…