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Construction Contracts Performance Standards

Vinson & Elkins LLP

Avoiding Performance Security Pitfalls with the FIDIC Silver Book

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In this article for Construction News, Louise Woods, Ciara Ros, and Lauren-Emma Parrott look at the FIDIC Silver standard form contract, and the key issues to consider in respect of bonds and guarantees when entering into, or...more

Seyfarth Shaw LLP

Don’t Leave Me Twisting in the Wind: ASBCA Paves Way for Potential Subcontractor Recovery for Pandemic-Related Claims

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In a significant ruling, the Armed Services Board of Contract Appeals "(Board)" denied a government motion to dismiss claims from McCarthy HITT - Next NGA West JV, a joint venture under contract with the US Army Corps of...more

Porter Hedges LLP

Tips on Drafting Enforceable and Effective Liquidated Damages Provisions Under Texas Law

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Liquidated damages provisions are commonplace in construction contracts. One would think that given the strong Texas public policy favoring freedom of contract, bargained for liquidated damages would be easily enforceable in...more

Bradley Arant Boult Cummings LLP

Accord and Satisfaction: To Release, or Not Release? That is the Question.

Generally, an “accord and satisfaction” is an agreement between two or more contracting parties to accept an alternate agreement and performance in lieu of a preexisting contractual duty between the parties. The new agreement...more

Ward and Smith, P.A.

"Reading the Riot Act"—Why Notice and Opportunity to Cure Matter

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Those of us of a certain age recall the phrase "reading the Riot Act" as a stern warning or dressing down. Someone chewed out by a parent or a boss at work would be said to have been "read the Riot Act." The history and...more

Gray Reed

To Perform or Not Perform, That is the Question

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It has been months since you have been paid and the general contractor or the owner continues to demand that you perform extra work, perform in changed conditions or work on a compressed timeline with no promise of payment in...more

Burr & Forman

That’s A Goocher: SD Court Finds Enforceable Construction Contract Despite Lack of Time Component

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What’s a goocher?  If you saw the movie, Stand By Me, then you know exactly what I mean.  And there are times when parties to a construction contract face a goocher. ...more

Akerman LLP

COVID-19 Related Renovations: Key Terms Owners Should Include in All Construction Contracts

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As businesses begin to reopen following the COVID-19 shut down of 2020, it is clear that the "business as usual" model will no longer work. Rather, companies have had to make changes not only in their policies and practices,...more

Jones Day

Construction Projects and Disputes: A Look Beyond the Lockdown, Part III

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[co-author: Juan Huertas] Even as the world gradually eases out of lockdown, deals are rekindled and services are remobilized, no one doubts that the impact of the pandemic will continue to be felt for months and, some...more

Holland & Knight LLP

A Look at COVID-19 Impacts on the Construction Industry

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Construction industry members — including owners, developers, contractors, subcontractors and supply chain vendors — have experienced varying degrees of impacts as a result of the COVID-19 pandemic. The nature of the impacts...more

Akerman LLP

Tools for a Construction Lender’s Toolbox in the COVID-19 Era

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The coronavirus (COVID-19) pandemic has shut down non-essential construction projects in numerous states, and has severely delayed or otherwise impacted construction in almost every other state. These delays and impacts may...more

Robinson+Cole Construction Law Zone

Ongoing Impacts of the Coronavirus Pandemic on Construction Projects in Major Markets

As we began to describe on March 18, the economic impacts of the ongoing coronavirus/COVID-19 pandemic on the construction industry are becoming more severe as the pandemic continues on and spreads. Substantial uncertainty...more

Seyfarth Shaw LLP

Temporary Impracticality or Frustration of Construction Contracts During the COVID-19 Pandemic

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Owners and contractors trying to understand the full impact of COVID-19 on their projects are likely turning to delay or force majeure provisions in their construction contracts to assess their rights or liabilities for...more

ArentFox Schiff

The Effects of COVID-19 on Construction Project Completion and Mechanic Lien Filing Deadlines

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Over the past month, states and municipalities have been issuing stay-at-home orders to slow the spread of COVID-19. Depending upon the locality, certain types of construction projects have been deemed “essential” and...more

Seyfarth Shaw LLP

Reemergence of the Doctrine of Temporary Impracticality or Frustration Under Section 269 of the Restatement (Second) of Contracts...

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When trying to understand the full impact of COVID-19 on existing contractual obligations, parties will likely first consult force majeure provisions in their contracts to assess their rights or liabilities for continued...more

BCLP

Germany - COVID-19 Pandemic and Construction Contracts

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In view of the impact of the COVID-19 pandemic on the economy, companies involved in construction projects are increasingly concerned about the legal consequences of the current situation with regard to contract deadlines and...more

Partridge Snow & Hahn LLP

A Force Majeure Trap Within Construction Contracts

Many people in the construction industry believe the force majeure clause waives the requirement for making a claim for an extension of time. This belief, however, is incorrect at least under the A201. If your project is...more

Troutman Pepper

COVID-19 and the Construction Industry: Important Considerations (For Information Purposes Only Not Intended as Legal Advice)

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COVID-19 has created a severe disruption to the construction industry. Certain jurisdictions, including Boston, San Francisco and Pennsylvania, have placed restrictions on construction projects deemed “nonessential” and...more

Porter Hedges LLP

Is The Coronavirus Event A Force Majeure Or Changed Condition Event?

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While this coronavirus event grips the nation, contractors and subcontractors are asking whether this qualifies as a force majeure or changed condition event. We think it qualifies as both. When you bid and signed your...more

Miles & Stockbridge P.C.

Force Majeure Clauses and Construction Contract Issues Related to COVID-19

A key tool in mitigating the risks due to unforeseen events is the force majeure clause contained in many commercial and other types of contracts. In various states, including Maryland, residential and commercial construction...more

Woods Rogers

Construction Project Team Considerations Regarding COVID-19

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Construction project impacts from the COVID-19 pandemic are far-reaching and continuing to evolve. While every project must be considered individually, below are some issues for construction project team consideration....more

Fox Rothschild LLP

Questions Raised By Coronavirus Construction Delays

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Across the country, construction projects are closing down as a result of the Coronavirus (COVID-19) pandemic. Contractors are leaving the sites and providing notice that a force majeure event has occurred. Specifically,...more

Kilpatrick

Excused Non-Performance-Governments Order Construction to Halt Amid COVID-19 Outbreak

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State and local governments are taking aggressive actions to contain the COVID-19 virus by limiting the number of people exposed. ...more

Nutter McClennen & Fish LLP

Force Majeure Events in the Midst of COVID-19

The outbreak of COVID-19 has challenged businesses across the board in unprecedented ways. Major conferences and events have been cancelled, restaurants across the country are closing down, and supply chains have been...more

Eversheds Sutherland (US) LLP

COVID-19 checklist for real estate and construction projects

With each passing day, the number of COVID-19 cases continues to rise and jurisdictions across the world are working hard to contain the contagion. People are rightly concerned about the impact that COVID-19 will have on...more

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