Newsletter

Doing Business in Civil Law Countries – What to Know to Avoid Major Pitfalls and Key Areas of Concern During the Negotiation Process

By: Olivier Larzul, Special Infrastructure Counsel, and Olesya Sidorkina, Associate, Peckar & Abramson, P.C. Globalization of the construction industry is a reality and one that may afford many U.S. contractors significant profit…

Effectively Managing Project Closeout: It Ends Where It Begins

By: William E. Underwood, Associate, Jones Walker LLP Project closeout is sometimes one of the last things on a contractor’s mind at the beginning of a project, but project closeout…

Five Contract Clauses Altering Payment That Every Contractor Must Understand

By: Shoshana E. Rothman, Partner, Smith, Currie & Hancock LLP The contract is king in the construction industry, and although many contract forms are similar, disputes arise over the variances…

Incorporation by Reference and Flow Down Obligations

By: Richard S. Robinson Senior Counsel, Peckar & Abramson, P.C., New York, New York How Low Does It Flow? Can a General Contractor Rely upon an “Incorporation By Reference” Clause…

Licensing Failures: One Strike and You Are Out

By: William L. Baggett, Jr., Smith, Currie & Hancock LLP Over three decades ago, I obtained my first law license. After the bar exam, my sarcastic, long-time mentor remarked that…

Navigating Through Deletions to the Scope of Work

By: Dorthy Koncur, Associate, Peckar & Abramson, P.C. Disputes regarding changes in the scope of work constitute one of the most frequently litigated areas of construction law. Although the vast…

New Certification Requirements for Veteran-Owned Small Business Concerns and Service-Disabled Veteran-owned Small Business Concerns Seeking Public Procurement Contracts

Effective January 1, 2023, Veteran-Owned Small Business Concerns (VOSBs) and Service-Disabled Veteran-Owned Small Business Concerns (SDVOSBs) will be required to obtain Small Business Administration (SBA) certification to participate in any…

Not Every Job Is Worth Winning: Contract Risk Questions Contractors Should Ask Before They Bid

Introduction Winning the work is not the same as winning the project, at least financially. Consider a contractor that commits to procure custom or long-lead materials before receiving complete construction…

Plans and Specs Gone Wrong, and How to Deal with It

By: Todd Heffner, Associate, Jones Walker LLP Plans and specs can be misinterpreted by the owner causing a contractor to do extra work or buy more expensive materials, and this…