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Terms of Use

Terms and Conditions for ConsensusDocs® Below are specific legal terms and conditions that apply to your use of ConsensusDocs® standard contract documents and related software technology and services. You (“You,”…

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The Choice Is Yours – Or Is It? Anti-Choice-of-Laws Statutes Applicable to Construction Contracts

During contract negotiations and review, the parties make choices about what risks they are willing to accept and at what cost.  But one often overlooked choice—the choice of law applicable…

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Update on Legal Challenges to FTC’s Rule Banning Non-Compete Agreements

On April 23, 2024, the Federal Trade Commission (“FTC”) approved a broad rule that bans a large majority of non-compete clauses between employers and their workers (the “Rule”). (Read our…

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Fixing the Problem – Not the Blame

Who is responsible for defective design under Texas law?  The contractor, under the Lonergan case? The owner, under the Spearin case?  A recent Fifth Circuit decision suggests that, in some cases, this may be…

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Sweat the Small Stuff – Don’t Overlook These Three (3) Clauses When Negotiating Your Construction Contract

Reviewing and understanding the terms of your construction contract before signing on the dotted line (ideally with counsel involved) is an obvious best practice – whether you are owner, general…

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State And Local Bid Protests: Sunk Costs and the Meaning of a “Win”

By: Amy Anderson Partner, Jones Walker LLP. Across the United States, state and local agencies often use competitive bidding to award contracts for various types of work. Generally speaking, a…

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Withholding Payment or Having Your Payment Withheld Due to Disputes on Other Projects: Know Your Rights to Offset

By: Christopher C. Broughton Associate, Jones Walker LLP. Introduction The right to offset refers to the common sense ability to reduce or eliminate your payment obligations to a party who…

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Snooze You Lose? Enforcement of Notice and Timing Provisions

Deadlines are an inescapable part of the construction industry.  Bid deadlines. Submittal deadlines. Material delivery deadlines. Substantial completion.  Final completion. And so, inevitably, fighting about deadlines becomes a necessary byproduct.…

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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 as a prudent reminder in the context of construction progress payments, which have become increasingly vulnerable to cybercriminal…

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