News & Analysis as of

Construction Contracts

Clark Hill PLC

Michigan Prevailing Wage Act: New registration and certification requirements for private energy and state funded projects

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As discussed in our most recent installment, on July 23, 2024, Senate Bill 571 (the “Amendment”) was signed into law, adding certain private energy facility projects to the purview of the Michigan Prevailing Wage Act which...more

Gordon Rees Scully Mansukhani

Construction Law Update - First Quarter 2025

GRSM’s Construction Group is pleased to publish the latest issue of our Construction Law Update, a quarterly take on trends of interest to design professionals, contractors, and developers throughout the country....more

Gray Reed

Incoterms Explained: A Deep Dive into Delivery Duty Paid (DDP)

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In my most recent post to the Texas Construction Law Blog, I discussed the correlation between Incoterms and tariffs. As a refresher, Incoterms, short for International Commercial Terms, are a set of standardized trade terms...more

DLA Piper

Supreme Court Paves The Way for Increased Enforcement by Rejecting “Economic Loss” Requirement for Fraud Charges, Broadening...

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For the last decade and more, the federal courts have grappled with the precise parameters of the federal wire fraud statute (and analogous criminal statutes). Among other things, there has been a Circuit split for some...more

Gordon Rees Scully Mansukhani

Navigating the New Steel and Aluminum Tariffs in the Construction Industry

President Donald Trump has announced new 25% tariffs on steel and aluminum imports into the United States. This measure is part of the administration’s strategy to protect national security and address trade imbalances. ...more

Schwabe, Williamson & Wyatt PC

OP-ED: Addressing Wage Theft Issues in the Construction Industry

In Oregon, unpaid workers can sue their employers directly or file administrative complaints with the U.S. Department of Labor or its state counterpart, the Oregon Bureau of Labor and Industries (BOLI). Workers often file...more

Bass, Berry & Sims PLC

Bid Protest Minute: Insufficient Funds are Grounds to Cancel

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On April 29, the Government Accountability Office (GAO) denied Davenergy-VCI JV, LLC’s protest of a solicitation’s cancellation, holding that the lack of available funding is sufficient grounds to cancel. In denying the...more

Bradley Arant Boult Cummings LLP

Court Affirms $1 Nominal Damage Award in Wind Farm Construction Dispute

Court Affirms $1 Nominal Damage Award in Wind Farm Construction Dispute The general contractor on the 60-turbine wind farm project in Good Hope, Illinois, is entitled to collect a whopping $1 on its cost-to-complete claim...more

J.S. Held

Lessons Learned from the Recent Ruling on Contractor Responsibilities in Delay and Inefficiency Claims

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The recent ruling in Berkley Insurance Company v. Suffolk Construction Company, issued by the United States District Court for the Southern District of Florida, has highlighted several significant lessons for subcontractors,...more

BCLP

Third Party Rights - Welcome Guidance from the High Court

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There is a “a dearth of case law” on s1(1) of the Contracts (Rights of Third Parties) Act 1999 (Act), as observed by Lenon KC, the judge in the case of HNW Lending Ltd v Lawrence [2025] EWHC 908 (Ch). Whilst an accurate...more

Akerman LLP

Tariff Troubles: Analyzing Construction Contracts in the Current Market

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2025 brought with it many new tariffs, and those tariffs seem to be changing on a near-daily basis. Given this, many in the real estate industry are understandably apprehensive about beginning new projects. Many more are...more

Bradley Arant Boult Cummings LLP

Does “Indemnify” = “Hold Harmless”?

Does this sound familiar? Nearly every construction contract contains an indemnification provision with some variation of these terms. And if you have ever negotiated a construction contract, you know that indemnification...more

Nossaman LLP

California Water Views – 2025 Outlook

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Water is simple. Water issues are complex. To provide more clarity, we asked our attorneys who are committed to the water sector to identify the pivotal issues they’re watching now and for the year ahead. Their perspectives...more

Mayer Brown

Legal Developments in Construction Law: May 2025

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1. ABSENCE OF NOVATION SINKS ADJUDICATION AWARD AGAINST ASSIGNEE - A contractor obtained an adjudication award against an assignee of its employer, which had gone into administration.  But was that assignee the correct...more

Bradley Arant Boult Cummings LLP

Stop Guessing the Price – Use Material Escalation Clauses to Protect Your Bid in a Volatile Tariff Climate

In today’s market, contractors often find themselves playing The Price is Right when bidding material costs — trying to hit the number just right without going over. But with new (and changing) tariffs targeting steel,...more

Bradley Arant Boult Cummings LLP

Maintenance Obligations on a 30-Year-Old Project Let an Owner Sidestep Tennessee’s Statute of Repose

In Tri-State Insur. Co. of Minn. a/s/o Campus Chalet, Inc. v. East Tennessee Sprinkler Company, Inc., the Court of Appeals of Tennessee recently addressed whether the state’s four-year statute of repose could shield a...more

Goodwin

Maximizing Value in Master-Planned Communities: How to Effectively Negotiate Builder Purchase and Sale Agreements

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The investment strategy historically adopted by investors in the US commercial real estate market has transformed notably in recent years, driven in part by evolving patterns in consumer demand and shifting economic...more

Baker Donelson

The Seniors Housing Crisis: Opportunities for Developers and Contractors

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Aging Baby Boomers are bringing higher-than-ever demand to the seniors housing market, and prudent developers are looking to build additional facilities now. This significant and immediate need for additional seniors housing...more

BakerHostetler

[Podcast] Contract Crunch: The Impact of President Trump’s Tariffs on the Construction Industry

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In today's episode of Contract Crunch: The Impact of President Trump's Tariffs on the Construction Industry, we delve into the intricate world of tariffs and their extensive effects on the construction sector. We'll examine...more

Ward and Smith, P.A.

Antitrust Compliance for North Carolina Construction Companies: Avoiding Legal Pitfalls

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For construction company owners and managers, understanding antitrust laws and implementing effective compliance measures isn't just good business practice, it's essential protection against potentially devastating legal...more

Cohen Seglias Pallas Greenhall & Furman PC

White Lie Or Wire Fraud? Why Contractors Must Carefully Follow Contract Requirements

Can deception used to secure a construction project bid constitute mail or wire fraud, even if there was no intent to financially harm the bid solicitor or even lower the project’s cost? That’s one of the questions the United...more

Robinson+Cole Construction Law Zone

The Importance of Indemnification Clauses in Managing Post-Completion Project Risk

Claims against design professionals often pose unique challenges when such claims are dually rooted in both tort and contract theories, and therefore subject to competing time limitations. In order to reconcile these...more

Husch Blackwell LLP

Powerful Promises: Performance Guarantees and Liquidated Damages in Solar and Biogas EPC Contracts

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Performance guarantees and performance liquidated damages (PLDs) are an essential element of most engineering, procurement, and construction (EPC) contracts, especially those related to solar and biogas projects; they make...more

Pillsbury - Bid Protest Debrief

No Funding, No Award: GAO Upholds Corps’ Late-Stage Solicitation Cancellation

In Davenergy-VCI JV, LLC, B-423332, April 29, 2025​, Davenergy-VCI protested the cancellation by the Army Corps of Engineers (Corps) of a solicitation for architectural engineering construction management services for medical...more

BCLP

Jaevee Homes v Fincham: WhatsApp Users Take Note!

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In this Insight, first published in PLC, Anna Blest and Katharine Tulloch consider the decision in Jaevee Homes Ltd v Fincham (t/a Fincham Demolition) [2025] EWHC 942 (TCC), in which the court concluded, among other things,...more

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