News & Analysis as of

Engineering Construction Contracts

Miller Canfield

Use the Right Words and Claim Research Credits

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Issue: In Meyer, Borgman, and Johnson, Inc. v. Commissioner, the issue was whether the taxpayer’s (“MBJ” or “MBJ’s”) customers funded MBJ’s research activities. The court found that its customers did so, with the consequence...more

Mayer Brown

Legal Developments In Construction Law: January 2024

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Notice of adjudication – how important is that? Included in a number of jurisdictional challenges to an adjudication award was a claim that the notice of adjudication was defective, in not complying with the...more

BCLP

EPC Contracts and NEC

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An article on NEC's practice note explaining how the NEC4 Engineering and Construction Contract can be adapted for use as an engineering procurement and construction (EPC) contract. NEC has recently published a practice...more

Rumberger | Kirk

Win for Contractors on Start Time of Florida Construction Statute of Repose

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Last October, Rumberger attorney Jason Bullinger and attorney Dan Webster at Daniel J. Webster, P.A. obtained a win for Florida contractors, engineers, and architects in Florida by persuading a Volusia County Circuit judge...more

JAMS

JAMS Global Construction Solutions, Winter 2023 - The Latest News in Construction ADR from the World’s Leading Neutrals

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Investor-State Mediation- A New Way to Deal with Old Problems? In common with commercial arbitration, a large proportion of treaty-based Investor-State disputes involve construction issues. In the Annual Report of 2021...more

Porter Hedges LLP

Legislative Update: A Practical Guide to the Most Significant Changes in Texas Lien Laws

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In September 2021, the Texas legislature made major changes to the construction lien statutes in Chapter 53 of the Texas Property Code. All of the key players in the construction industry (owners, contractors, subcontractors,...more

Bricker Graydon LLP

[Webinar] Construction Webinar Series: Design Professional Procurement - May 6th, 12:00 pm - 12:45 pm EST

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This webinar is part of the 13th annual Selecting Project Delivery Methods & Bidding Public Construction Contracts Webinar Series. Ohio public entities are required to follow statutory processes for hiring design...more

Cohen Seglias Pallas Greenhall & Furman PC

Design-Build: Everything That Was Old Is New Again

Presented by Cohen Seglias attorney Michael F. McKenna on December 3, 2020. Over the past few decades, the design-build delivery method has made a resurgence, presenting an alternative to the traditional design-bid-build...more

Cohen Seglias Pallas Greenhall & Furman PC

[Webinar] Design-Build: Everything That Was Old Is New Again - December 3rd, 12:00 pm - 1:00 pm ET

Over the past few decades, the design-build delivery method has made a resurgence, presenting an alternative to the traditional design-bid-build project delivery method. In design-build, an owner contracts with a single...more

Miles Mediation & Arbitration

[Webinar] Construction ADR Webinar: Residential & Multi-Family Construction Disputes: Is There A Practical Solution? - September...

Join Miles mediator and arbitrators Jennifer Grippa and David Matthews, along with Frank Brown, partner in Weissman Law and General Counsel of the Greater Atlanta Home Builders Association, Inc., Jerry Warshaw, Founder and...more

K&L Gates LLP

COVID-19: EPC and EPCM in Large Construction Projects Post COVID-19

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COVID-19 has highlighted some of the existing problems in the construction market such as fragmentation, low profitability and often low satisfaction for both owners and contractors (due to time and budget overruns and...more

Farella Braun + Martel LLP

Engineering, Procurement and Construction Agreements for Utility-Scale Battery Projects

The negotiation of an engineering, procurement and construction (EPC) agreement for a battery energy storage systems (BESS) project typically surfaces many of the same contractual risk allocation issues that one encounters in...more

Bricker Graydon LLP

[Webinar] Selecting Project Delivery Methods & Bidding Public Construction Contracts - Design Professional Procurement - May 14th,...

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Join us for the 12th annual “Selecting Project Delivery Methods & Bidding Public Construction Contracts.” This webinar series, specifically designed for Ohio public owners, covers the project delivery methods available for...more

White & Case LLP

Construction contracts: ambiguities in remeasurement provisions

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Remeasurement provisions are commonly used in construction and engineering contracts where there is uncertainty as to the quantity of work to be performed by the contractor. Remeasurement may be desirable in these situations,...more

White & Case LLP

How should the impact of the COVID-19 outbreak be managed on projects under FIDIC and NEC?

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The impact of COVID-19 has already had a profound impact on all business sectors globally, including the construction industry. Projects in many countries have been impacted by the outbreak, including as a result of labour...more

White & Case LLP

Shifting foundations: amendments to ground conditions clauses

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Amending standard forms of construction and engineering contracts to change the risk level between the parties is a perennial issue. This, however, can lead to disputes due to amendments not clearly reflecting the intention...more

White & Case LLP

Introduction to the FIDIC Suite of Contracts (Updated)

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The origins of the FIDIC suite - The Fédération Internationale Des Ingénieurs-Conseils (FIDIC) was founded in Belgium in 1913. Since then, it has become the foremost representative body for the world's consulting...more

White & Case LLP

Allocation of Risk in Construction Contracts (Updated)

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Risk in construction contracts - 'Risk', in a project delivery context, can be defined as 'an uncertain event or set of circumstances that, should it occur, will have an effect on the achievement of one or more of the...more

Buckingham, Doolittle & Burroughs, LLC

Dear YouDig? Overcoming FORO (Fear of Rip Off)

Dear YouDig?, I admit it. As an engineer I like to tinker. A few months in to a factory project our team tinkered up a change in the materials and the delivery system that would save the owner a bucket of money for just a...more

Bradley Arant Boult Cummings LLP

Federal Court Rules Contractor Is Not Intended Third-Party Beneficiary under Owner-Engineer Agreement

In March, a Massachusetts federal court addressed whether a design-builder contractor could recover for breach of contract under an intended third-party beneficiary theory against a design firm hired by the project owner to...more

BCLP

Time bars under FIDIC 2017 – are more notices the answer?

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Construction and engineering contracts often contain provisions specifying that, within a particular time, one party (traditionally the contractor) must notify the other (the employer and/or the contract administrator) of a...more

Jones Day

FIDIC Updates its Rainbow Suite of Contracts

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Background: Fédération Internationale Des Ingénieurs-Conseils ("FIDIC")'s Red (Construction), Yellow (Plant and Design and Build) and Silver (EPC) Books ("Rainbow Suite of Contracts") are widely used on major construction and...more

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