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ConsensusDocs to Add Progressive Design-Build Agreement and Dual Obligee Riders
In January 2026, ConsensusDocs is set to expand its contract catalog with…
Measure Twice, Cut (the Check) Once: Liability for Cybercrime and How to Avoid It
The well-known maxim among carpenters – “measure twice, cut once” – serves…
Trust, But Verify: Addressing Risk of Non-Payment by Owners
Receiving payment is an important piece of any for-profit business. And construction…
Build America, Buy America Act: FTA Compliance and Waivers in the Spotlight
Introduction This is the third in our series of Build America, Buy…
Before “Consequential” Becomes Catastrophic: Addressing the Uncertainty of Vague Waivers
Consequential damage waivers are often the subject of dispute in construction contracts.…
Noncompete Agreements: How to Navigate the Changing Landscape
Contractors who care about protecting proprietary company information and attracting and retaining…
The Department of Justice Prioritizes Federal Contractor Compliance with Cybersecurity Requirements Via Enforcement of the False Claims Act
“Settlements and judgments under the False Claims Act [“FCA”] exceeded $2.9 billion…
How Slow and Steady Can Lose the Race – Pacing and Delay Claims
In the well-known fable, the tortoise’s slow and steady pace prevailed. But…
CM At-Risk: How to Make the Most of This Project Delivery Method Contractually
Construction Management At-Risk (CM@R) is one of the most powerful and widely…
When Actions (May) Speak Louder Than Words: Inadvertently Altering or Waiving Contract Terms Through Course of Performance
This article discusses instances where parties’ actions during the life of a…