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Developer is Not Indemnified for its Own Conduct Without an Express Agreement in the Indemnification Clause

In a case where the jury found both the Architect and the Developer separately responsible for Plaintiff’s damages, an Appellate Division of the New Jersey Superior Court recently held that the Developer is not entitled to be...more

Wake-up call for Cybersecurity in the Construction Industry: Contractor Falls Victim to Cyber Attack

The Wall Street Journal recently reported that cyber-attacks by foreign governments into the nation’s electric grid are utilizing what it called "the system’s unprotected underbelly," the contractors and subcontractors that...more

Construction Contractors Used as Unwitting Launching Pads for Cyberattacks on Utilities

The Wall Street Journal recently reported that cyberattacks by foreign governments into the nation’s electric grid are utilizing what it called "the system’s unprotected underbelly," the contractors and subcontractors that...more

The Miller Act Applies Even if Contract Does Not Contain a Bonding Requirement

United States Court of Appeals for the Federal Circuit recently held, in K-Con, Inc. v. Secretary of Army, that the bonding requirements under the Miller Act apply to federal government construction contracts, even when the...more

Third Parties in Construction Arbitration Cases can be Compelled to Produce Documents

Contrary to what many construction contractors and owners may believe, construction arbitration often involves substantial document production. This may include production of documents from third parties not directly...more

Buy America Policies Proposed for Rolling Stock Under FAST Act

The Federal Transit Administration (FTA) has proposed new policies on the applicability of the Buy America provisions in the Fixing America’s Surface Transportation (FAST) Act. Under the proposed policies, the Buy America...more

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