Articles
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 MoreFlow-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 MoreBy: 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 MoreDesign‐build has continued its steady ascent in both the private and public spheres, revolutionizing how stakeholders approach construction projects. By melding design and construction responsibilities into a single point of…
Read MoreUntimely payment by the owner for contract work and additional work on construction projects can place an unfair financial burden on contractors and subcontractors. Most states have attempted to eliminate…
Read MoreWhile contractors incur the extra costs involved, agencies have slowly begun to implement Build America, Buy America Act Pub. L. No. 117-58 (“BABA”) requirements after the final Office of Management…
Read MoreBABA is the most expansive domestic preference law in American history, requiring all federal funding on state and local projects to meet minimum BABA requirements for (1) iron and steel,…
Read MoreThe Office of Management and Budget’s (OMB) August 14, 2023, final guidance for the “Build America, Buy America” (BABA) Act requirements went into effect on October 23, 2023. OMB’s final…
Read MoreIntroduction This is the third in our series of Build America, Buy America (“BABA”) compliance at the U.S. Department of Transportation (“DOT”). See Smith Currie Oles’ previous FHWA and FAA BABA posts. Like other…
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