Articles

ASBCA Reminds Federal Contractors that Lack of Bonding Can Lead to Terminations for Default.

By: Alexander Gorelik Associate, Smith, Currie & Hancock LLP A pair of recent decisions from the United States Armed Services Board of Contract Appeals (ASBCA), addressing the appeals of Odyssey…

Read More

At Long Last, Cybersecurity Maturity Model Certification 2.0 Takes Effect

“Cyberattacks have emerged as one of the most significant threats to our homeland,” says Secretary of Homeland Security Alejandro N. Mayorkas. He is not wrong. Global cybercrime costs are expected to…

Read More

Attend December’s Construction Super Conference with a Discount from ConsensusDocs

ConsensusDocs subscribers as well as members of any of the 42 ConsensusDocs Coalition organizations are eligible for a discount to Construction Super Conference 2025, happening December 9–11 at the Hyatt Regency Coconut Point…

Read More

Becoming the Prudent Subcontractor: Navigating the Minefield of Interim Waivers

By: Matt Corder Summer Associate, Jones Walker LLP. Monthly progress payments are the lifeblood of construction. Subcontractors need prompt payment on a monthly basis to maintain cash flow and stay…

Read More

Best Foot Forward: Preserving Limited Liability and Leverage in Negotiating Termination for Convenience Payment  

From the position of the general contractor on a project, a termination for convenience provision is an important limitation of liability that should be built into subcontracts.  Any manner of…

Read More

Best Practices: Drafting Contractual Safety Provisions

Construction accidents can cause significant personal injury or death, property damage, job delays, and increased costs. As a result, it is imperative that owners and contractors continuously monitor and manage…

Read More

Betterment and First Costs – Entitlement to Damages from Defects, Deviations, and Deficiencies Doesn’t Come with a Blank Check

When an owner is entitled to damages due to faulty construction work, errors or omissions in the design, or other breaches of a construction or engineering contract, damages are generally…

Read More

Beyond the Flow-Down Clause: Subcontract Provisions That Can Expose General Contractors to Increased Liability and Inconsistent Outcomes

Flow-down clauses in construction subcontracts—blanket clauses providing that some or all of the terms and conditions in the prime contract between the general contractor and the property owner apply equally…

Read More

Bidder Be Thoughtful: The Impacts of Disclaimers in Pre-Bid Reports

By: Joshua A. Morehouse Associate, Peckar & Abramson, P.C. When bidding a project, subsurface or latent site conditions that are not immediately apparent can massively impact the costs of performance…

Read More