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Construction and the Neighbors
California Court of Appeal Opens Doors for Construction Defect Claims Outside of the Right to Repair Act
For construction lawyers, the Battle of the Forms presents a familiar fact pattern. A material supplier/seller provides a potential buyer with a price quote along with its standard terms. The buyer, usually a contractor or...more
House Bill 497 (HB 497) took effect on April 9, 2025, and introduced various changes to the laws governing counties in Ohio. Below are some key changes in HB 497 that impact county construction projects....more
“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
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
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
Unexpected devastating weather events such as hurricanes, tornados, earthquakes, fires and other natural disasters can strike at any time, leaving construction projects in disarray. While Mother Nature is often unpredictable,...more
How long are you on the hook for defects in a completed construction project? It’s a question that keeps many contractors and design professionals up at night—and for good reason. No project is flawless, and the duration of...more
Earlier this year, the American Institute of Architects (“AIA”) released updated form contract documents for traditional design-build (“Traditional DB”) construction projects and introduced a new set of progressive...more
What lawyers call a “battle of the forms” occurs when two parties, negotiating a contract, exchange conflicting standard terms during the contract negotiation and formation. This leads to the obvious and not uncommon dilemma:...more
Those familiar with the construction industry know that construction projects are seldom, if ever, completed within the time originally anticipated at the project’s outset. Fortunately, prime contractors and lower-tier...more
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
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
The newly announced tariff policy from the United States has upended expectations for the global economy. The US tariffs are poised to potentially reshape global supply chains, impact regulatory compliance, and pressure...more
A significant inducement in many new leases and lease renewals is landlord funding and/or constructing improvements that customize the leased premises to the needs of the tenant’s business. The allocation of cost for these...more
Well, Q1 of 2025 ended with a bang and continued the expansion of transactional work for the Gray Reed Construction Team. The announcement of tariffs and feared disruptions in the supply chain certainly created a point of...more
Manufacturing construction is booming across Texas in early 2025, with Samsung’s landmark $17 billion semiconductor facility in Taylor, Texas leading the charge as part of a broader trend concentrated along major metro areas...more
A federal court in upstate New York is permitting a subcontractor’s delay claim to proceed notwithstanding a “no damages for delay” provision in the subcontract. The case, The Pike Company, Inc. v. Tri-Krete, Ltd., involves...more
When a contractor breaks ground on a construction project, unexpected conditions beneath the surface can be an expensive surprise. Unanticipated water, rock, or differing soil types can throw budgets and timelines into...more
An Insight, first published in PLC, on Part 4 of the Procurement Act 2023, in particular the new contract management requirements for public contracts and the increased focus on supplier performance and transparency. ...more
While disputes can occur in any type of commercial transaction, construction contains a unique mix of “ingredients” that increase the likelihood that disputes will arise. Whereas most commercial transactions involve only a...more
Speedy Maintenance, LLC v. Windsor Tower, LLC, 2024-Ohio-5841 (2d Dist.) is a recent case concerning a dispute over repairs to a parking garage where Ohio’s Second District Court of Appeals confronted issues....more
Ask anyone with experience on construction projects, particularly large, complex “mega-projects,” and they will tell you that disputes are an expected part of doing business. It is rare that these projects come in on schedule...more
1. DOES A D & B CONTRACTOR HAVE TO CHECK THE ER DESIGN? A design and build contractor may agree to complete the design of a project but does that responsibility extend to checking the design in the Employer's...more
In this Insight, Shy Jackson and Rebecca Maxwell consider what we can learn from the case of Workman Properties Ltd v Adi Building & Refurbishment Ltd [2024] EWHC 2627 (TCC) which provides a salient reminder of the importance...more
During a recent webinar, “Dispute Resolution Considerations in Construction Contracts”, I was joined by my colleagues Chris Kolosov and Emily Anderson to discuss the dispute resolution alternatives available to parties...more