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Construction Contracts Risk Management Real Estate Development

Allen Matkins

How are developers navigating uncertainty related to tariffs?

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“Tariffs are only part of the uncertainty in the market right now. Many clients, even those with entitled projects, have told me over the past several months that they were pausing on new construction due to interest rate...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Law Insights, Issue 4, April 2025

Welcome to our fourth issue of The Site Report for 2025! In this edition, we address the impact of tariffs, the AI revolution, the use of drones, an update on the universal reciprocity law, examining issues with office to...more

Nelson Mullins Riley & Scarborough LLP

Avoiding Contract Conflicts: 5 Key AIA Provisions to Align with Loan Documents

When negotiating construction contracts, attorneys often focus on the American Institute of Architects (AIA) A201-2017 General Conditions, a widely used standard in the industry. However, construction loan agreements, drafted...more

Goulston & Storrs PC

Navigating Tariff Risk in Construction and Development Deals

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Tariff Policy Shifts Introduce New Real Estate Risks - Over the past few months, there have been significant changes to tariffs by the United States and other countries around the world....more

Seyfarth Shaw LLP

Allocating the Risk of Tariff Price Increases

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As the Trump Administration’s tariffs are now in effect, owners, developers, and contractors managing pending construction projects face questions about who is ultimately responsible for impacts (both time and cost) resulting...more

Gray Reed

Lien and Bond Claims in April 2025: Dates to Remember

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Use this guide as a reference when filing lien and bond claim notices for the month of April. Be sure to subscribe to the Texas Construction Law Blog to automatically receive our monthly lien and bond guides, as well as other...more

Womble Bond Dickinson

Mastering Real Estate Acquisition for Data Centers: Guidelines from Womble Bond Dickinson

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Womble Bond Dickinson Partners Kristen Thall Peters, Tara Gorman, and Jeff Golimowski, members of the Womble Data Center Team provide guidance for data center developers acquiring real estate....more

J.S. Held

Builder’s Risk: Complexities in Insuring Existing Structures

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Property insurance for projects under construction can be significantly complex. Insuring renovation projects under a builder’s risk policy will often require more care in crafting a policy that provides adequate protection....more

Cozen O'Connor

Court Denies Developer Insurance Coverage to Repair Defective Construction

Cozen O'Connor on

In Curtis Park Group, LLC v. Allied World Specialty Insurance Company (2024 WL 5194886 (10th Cir. 2024)), the U.S. Court of Appeals for the Tenth Circuit determined that an insured real estate developer could not recover the...more

BCLP

On Your Radar? 10 Real Estate Risk Areas to Watch in 2025

BCLP on

As we look ahead to 2025, several key areas within the real estate sector are poised to see an uptick in disputes. This report outlines ten pressing issues that property owners, occupiers, developers and investors should be...more

Gray Reed

Disrupted Operations – Owners Beware!

Gray Reed on

Industrial construction is poised for continued growth in 2025, especially with incoming presidential administration and its anticipated emphasis on domestic economic production. Nowhere will this growth be seen more than in...more

Blake, Cassels & Graydon LLP

Progressive Design-Build Model and Co-Development Agreements in Canada: Five Key Considerations

Whether public or private, large infrastructure projects involve complex risk and resource management. Project owners must first identify, describe and mitigate design, construction, financing and operational risks, and then...more

Stoel Rives LLP

Addressing Tariffs in a Construction Contract: A Lawyer’s Perspective

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In 2024, many real estate developers pressed pause on new projects. Interest rates for multifamily loans were too high and the office market was still recovering from “work from home,” at least in the Pacific Northwest (where...more

Mayer Brown

Legal Developments in Construction Law: February 2024

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1. "Smash & grab" claim + true value claim = one adjudication dispute, or two? A subcontractor resisting enforcement of an adjudication award claimed that the adjudicator had exceeded their jurisdiction....more

Lowndes

Navigating Legal Pathways to Establish Your Dream Pickleball Facility

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If you play pickleball, America’s fastest growing sport, you’ve probably encountered a problem: the sport’s runaway popularity has led to a shortage of pickleball facilities. If you are a true picklehead, maybe you’ve even...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

Lowndes

Coronavirus – Does Force Majeure Apply?

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The coronavirus has disrupted the economy and business activity, making it difficult or challenging for some parties to honor their contractual obligations. In fact, it is apparent that parties are terminating their...more

Seyfarth Shaw LLP

Managing Project Risk Associated with the Coronavirus Outbreak Through Force Majeure Provisions

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Globally, many developers and contractors are scrambling to identify available contractual relief as the Coronavirus (COVID-19) disrupts cross-border supply chains. US businesses will recall a similar effort just eighteen...more

Carlton Fields

Are You Protected Against the Risk of Construction Delays and Increased Construction Costs Due to COVID-19?

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The World Health Organization (WHO) has declared the coronavirus disease 2019 (COVID-19) outbreak a public health emergency, and as of the date of this alert, the Centers for Disease Control and Prevention (CDC), a component...more

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