Construction Contracts

News & Analysis as of

UK construction industry news: our contracts, industry and regulatory round-up

Our construction news round-up includes our pick of industry news from the last three or four months as well as a range of contractual and regulatory issues that affect UK construction businesses....more

Resolving UK construction disputes – our round-up of practice and procedure

Our latest Resolving Construction Disputes newsletter reviews a broad range of litigation, alternative and international dispute resolution developments and is aimed at in-house lawyers in the construction industry....more

An update on payment issues on UK construction projects

Our Autumn 2016 update includes news on the Prompt Payment Code and the Construction Supply Chain Payment Charter as well as some guidance on the use of payment schedules....more

Court rejects contractor’s mechanic’s lien because of ‘intent’

The Illinois Court of Appeals’ recent decision in AUI Construction Group, LLC v. Vaessen highlights the need for careful planning in structuring development agreements, construction contracts, and the use of an easement as...more

Construction Contract Clauses Only a Grinch Would Love – Part 4

Scope, time and cost provisions may be the most important clauses in your construction contract but they’re not the only ones which can impact your bottom line. The fourth and final part in a multi-part series, here are some...more

Illinois Appellate Court Ruling Provides (Another) Reason to Double-Check Your Payment Clauses

A recent ruling out of the First District Illinois Appellate Court makes one thing clear: contractors and subcontractors should pay close attention to payment clauses on all contract forms. In Beal Bank Nevada v. Northshore...more

Procurement update for UK construction companies

Mark Bassett highlights the latest procurement news for construction businesses from the last few months. - Concession Contracts threshold: the Cabinet Office and the Crown Commercial Service have published Procurement...more

Arbitration Clause Requiring Arbitrators to Render a Decision within 30 Days from Their Appointment? Superfast Decision?

Ever wonder about a superfast arbitration procedure in a contract that you have been given? An arbitration clause requiring an arbitration panel to issue a decision within 30 days of being selected for the panel was recently...more

Overpayments in Construction Projects: Getting Repaid (Or Not)

Construction and engineering contracts usually contemplate interim payments being made "on account", meaning that any overpayments or underpayments can be redressed in later payment claims, or in the final account. However,...more

Construction Contract Clauses That May or May Not Have Your Vote – Part 3

Scope, time and cost provisions may be the most important clauses in your construction contract but they’re not the only ones which can impact your bottom line. The third in a multi-part series, here are some other important...more

Construction One-Minute Read: 4 Legal Issues With Building Information Modeling

Building Information Modeling (BIM) is changing the way construction projects are delivered. BIM is a process for creating and using three-dimensional electronic models to represent the physical characteristics of...more

To Arbitrate Or Not To Arbitrate – Or Do We Even Get To That Question?

Chances are that if you work in the construction industry, you have had at least one construction dispute. The longer you work in the construction industry, the greater chance you have of encountering a dispute that does not...more

Construction Contract Clauses That Keep on Giving (to Someone) – Part 2

Scope, time and cost provisions may be the most important clauses in your construction contract but they’re not the only ones which can impact your bottom line. The second in a multi-part series, here are some other important...more

The Construct - November 2016

In This Issue: - Election 2016: Where the Candidates Stand on Issues Affecting the Construction Industry: Here we are. The rollercoaster 2016 election ends tomorrow. Millions of Americans have voted already. Polls...more

Boards of Contract Appeals Will Prod Contracting Officers to Issue Final Decisions

The Armed Services Board of Contract Appeals (ASBCA) recently demonstrated that it is willing to help government contractors who are waiting many months for a contracting officer to issue a final decision on a pending...more

Scary Contract Clauses Which Go Bump in the Night – Part 1

Scope, time and cost provisions may be the most important clauses in your construction contract but they’re not the only ones which can impact your bottom line. The first in a multi-part series, here are some other important...more

D.C. Court of Appeals Decision Covers Important Contracting Principles

The D.C. Court of Appeals (the Court) recently issued a decision covering some important public construction contract principles, most notably notice, cost and pricing data requirements, and the implied duty of good faith and...more

Worker’s Compensation Exclusivity Rule Gets “Trumped” by Indemnity Provision

Sorry, I couldn’t help myself with the title. The next case, Aluma Systems Concrete Construction of California v. Nibbi Bros., Inc., California Court of Appeals for the First District, Case No. A145734 (August 16, 2016),...more

SOPA takes a backseat: The role of cross-demands in setting aside statutory demands issued pursuant to judgments made in terms of...

The High Court has ruled that a statutory demand based on a judgment pursuant to an adjudication determination made under the Building and Construction Industry Security of Payment Act (SOPA) can be set aside on the ground...more

Energy Newsletter - October 2016

Negotiating an In-Project Construction Dispute - Many thorny and competing interests are implicated when an ongoing major construction project experiences an unanticipated event that impacts the project schedule or...more

Negotiating an In-Project Construction Dispute

Many thorny and competing interests are implicated when an ongoing major construction project experiences an unanticipated event that impacts the project schedule or costs, and the parties are unable to resolve quickly...more

Ledcor: Taming Sattva’s Wild Horse of Contractual Interpretation for Standard Form Contracts

The Supreme Court of Canada’s unanimous decision of Sattva v. Capital Corp. v. Creston Moly Corp., 2014 SCC 53 opened the barn door and let loose a wild horse in terms of the scope and the availability of the use of the...more

How Construction Contracts are Made. Hint: It’s a Bit Like Making Sausage

Construction can be a messy affair. In a sense, that’s to be expected when you’re building a complex structure, involving the coordination of several parties and numerous persons, in the natural environment and in the...more

Qatar Market Update - September 2016

An arbitrator's pet peeves - As budget cuts take effect, a slow-down in construction projects has been evident in Qatar. Another significant trend emerging is that it is becoming even more difficult to secure payment...more

Federal Court in North Carolina Holds That Impracticability of Arbitration Clause Which Required Decision Within 30 Days of...

Tribal Casino Gaming Enterprise v. W.G. Yates & Sons Constr. Co., 2016 U.S. Dist. LEXIS 86100 (W.D. NC July 1, 2016) - Tribal Casino Gaming Enterprise (the “Casino”) contracted with joint general contractors, W.G. Yates...more

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