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Daily Reports – The Swiss Army Knife of Project Documentation

By: Christopher A. Henry, Associate, Jones Walker LLP  Project “Daily Reports” are some of the most important, yet overlooked aspects of a construction project. These reports serve many beneficial roles such…

De-escalating The Impact of Price Escalation

By: Brian C. Padove Associate, Watt, Tieder, Hoffar & Fitzgerald, LLP. What happens when construction material prices abruptly rise by 15%, 35%, 50%?  Moreover, what happens to a construction project…

Designing a Fair Standard of Care in Design Agreements

One of the concerns faced by construction companies is now design liability. Design liability concerns are not limited to just design-build projects. It is a hot-button issue for builders because…

Dispute Review Boards (DRBs): How You and Your Project Can Benefit

Webinar Summary:  Could your projects benefit from resolving potential disputes at the project level, without litigation or arbitration? Then find out how you might structure a Dispute Review Board (DRB)…

DoD Issues Guidance on Inflation Adjustments for Contractors

The Department of Defense (“DoD”) recently issued a memorandum to contracting officers (“COs”) guiding the use of economic price adjustment (“EPA”) clauses to address inflation-related cost increases. The memorandum, entitled…

Does a No-Damage-for-Delay Clause Also Preclude Acceleration Damages?

Ted R. Gropman and Christine Z. Fan, Pepper Hamilton LLP Construction contracts often include a “no damage for delay” clause that denies a contractor the right to recover delay-related costs…

Does a No-Damages-For-Delay Provision Preclude a Claim For Disruption Damages?

By Erik M. Coon Associate, Smith, Currie & Hancock LLP. Delays and disruptions on construction projects are very similar, but there are important conceptual differences, even though the claims often…

Effective Allocation of Damages for Federal Contract Claims

By: Dirk D. Haire Partner, Joseph L. Cohen Partner, and Jane Han Law Clerk, Fox Rothschild LLP. Federal construction contracts law generally recognizes four basic methods for pricing damages: (1)…

Electronically Stored Information Discovery in Arbitration

By: Richard W. Foltz, Partner, Pepper Hamilton LLP Two years ago in this space, I wrote a piece on Combatting Arbitration Inefficiency, calling for the development of a culture of efficiency in arbitration as a shared value in the…