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…

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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…

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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…

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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…

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Before “Consequential” Becomes Catastrophic: Addressing the Uncertainty of Vague Waivers

Consequential damage waivers are often the subject of dispute in construction contracts. Disagreements over these provisions can have lasting effects, including costly claims and increased financial risk. These clauses can…

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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…

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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…

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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…

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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…

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