Construction Contracts

News & Analysis as of

Building and Construction Industry (Fair and Lawful Building Sites) Code 2014

The Federal Government has published an 'advance release' of its new Building and Construction Industry (Fair and Lawful Building Sites) Code 2014 (Code). The new Code will come into effect when the Building and...more

Did You Unknowingly Sign Away Your Ability To Sue? Double Check Your Construction Agreement!

By statute, the time to bring a lawsuit against a contractor for hidden construction deficiencies can be as long as 10 years. That means that, say, a property owner could sue his or her architect or general contractor for...more

Did you know? Recent changes in the law that may impact your construction projects in the Southeast.

Forum Selection Clause - The U.S. Supreme Court recently held that forum selection clauses should be upheld in most circumstances. Have you used a forum selection clause in your contracts which would maximize the...more

That’s Not The Way We’ve Always Done It! (Why You Should Update Your Office Practices)

Anyone recognize the photo to the left? If you are of the Millennial generation, this is a quaint thing called a public pay phone. They used to be everywhere. Imagine, not having a cell phone to keep you in constant...more

Construction E-Note - April 9, 2014

In This Issue: - Ongoing Or Completed Operations? Fifth Circuit Finds No Duty To Defend Contractor Under Additional Insured Endorsement - Your Venue, My Bond Claim: A Florida Law Primer - The Condominium Form Of...more

The Registrar is Changing the Game for Complaints Against Arizona Contractors

Sweeping changes at the Registrar of Contractors have the construction and real estate industries concerned and curious. The Registrar recently received some poor performance reports by the Auditor General and State...more

California Authorizes Alternative Procurement Method for Public Construction Projects

Counties Can Now Use Construction Management At-Risk - Effective January 1, 2014, all California counties are expressly authorized to use the “construction management at risk” project delivery method (CMAR) for any...more

Business Court Makes North Carolina Safe For Construction Lawyers

Construction lawyers in North Carolina can breathe a sigh of relief. On Friday of last week, the Business Court ruled that the service of on-line service provider Lienguard in preparing claims of lien constitutes the...more

Davis-Bacon CityCenterDC Case

In a recent decision out of the U.S. District Court for the District of Columbia, Judge Amy Jackson held that the Davis-Bacon Act (“Davis-Bacon”) did not apply to a privately-funded development of privately-maintained...more

TRIA Little Harder, Congress!

Insurance relies on uncertainty most of the time, so we price premiums based on events that the actuaries say are predictable en masse instead of unpredictable on an individual basis. But there is one totally predictable and...more

Force Majeure Clauses: Protecting Against the Unforeseeable

Force majeure clauses are a very important, but often overlooked, provision in all contracts, and are particularly important in construction and supply contracts. Whether a force majeure clause is included in a contract, and...more

Your Venue, My Bond Claim: A Florida Law Primer

Construction clients very often perform work in places far from either the corporate office, or far from the construction client's local office. Our clients even perform work - dare we admit - far from their attorney's...more

Construction Law Alert: Long Term Express Warranties

A recent holding by the North Carolina Court of Appeals is threatening to render many long-term express warranties ineffective. In a divided opinion in Christie v. Hartley Construction, Inc., the court held that the...more

The Construction Advantage – Issue 3

Reaffirming the Iron Hand of an Arbitration Agreement - Does the fact that the named arbitration company has gone out of business make an arbitration clause unenforceable? Given the legislative bias toward arbitration,...more

Out-of-State Design Professional Firms Must Register in Nevada to Enforce Contracts for Compensation in Nevada

Nevada, being a small state with a huge tourist attraction (Las Vegas), has often seen out-of-state design and construction professionals retained to provide their unique talents to create landmark quality design or...more

Long Term Care Construction Opportunities

Based on the long term care projects with which we have recently been involved, there appears to be great opportunity for growth in the construction of long term care facilities. This is attributed to the ever-growing aging...more

Minnesota Court of Appeals Defines Substantial Completion Under Statute of Repose

On March 10, 2014, the Minnesota Court of Appeals issued its decision in Rosso v. Hallmark Homes of Minneapolis, Inc., No. A13-1304. The Court’s decision clarifies that Minnesota’s ten-year statute of repose for construction...more

Construction & Engineering Briefing - March 2014: Caps on Liability - how are they applied by the courts?

In a recent case that came before the High Court, the Court considered a contract clause which attempted to impose a financial cap on the contractor's liability. The case acts as a reminder to those who negotiate and draft...more

Tower Lane Properties v. City of Los Angeles: JMBM Prevails in Published Court of Appeal Opinion Holding that a City's Erroneous...

JMBM has prevailed in the Court of Appeal on behalf of its client in a well-publicized and hotly-contested development project in the City of Los Angeles. The court's published opinion will come as welcome relief to property...more

Recent Changes in New York City's Standard Construction Contract

With its new Standard Construction Contract, issued in December 2013, the City of New York (the "City") has implemented numerous significant changes as compared with its 2008 standard contract. This Alert briefly summarizes...more

Insurance Coverage for Defective Construction: Litigation, Legislation and Reaction

If you have ever remodeled or built a house, you can begin to understand a significant issue that has generated both litigation and legislation arising out of defective construction: Do comprehensive general liability (“CGL”)...more

Small Business Construction Contractors Must Voice Their Concerns

Is your construction company in compliance with the Small Business Administration’s ("SBA’s") limitations on subcontracting requirement? Are you positive? If you are a small business general construction contractor and you...more

Mitigate Early and Often: Four Public Agency Strategies for Streamlining Projects

BB&K's Steven Anderson and Lucas Quass Offer Tips for Environmental Mitigation - Like private development, public projects must frequently obtain and comply with a variety of state and federal regulatory permits. Too...more

Best Practices for Public-Private Partnerships

Public-private partnerships (“P3s”) for public infrastructure are likely to become more prevalent due to necessity if nothing else. In anticipation of this uptick in P3s, this article examines “best practices” for public...more

Reviving Construction Projects — How to Avoid Creating a Frankenstein Monster

Reviving dead or moth-balled projects presents risks and rewards. The rewards include a shorter ramp-up period. The risks include the revival of claims akin to the unintended creation of a Frankenstein monster. But those...more

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