News & Analysis as of

Construction Disputes Contract Terms

Bradley Arant Boult Cummings LLP

Whose Terms Govern? An Introduction to the Battle of the Forms

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

Bricker Graydon LLP

HB 497, Updating Several County Laws Including Those for Construction Projects, Is Now Effective

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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

Allen Matkins

How are developers navigating uncertainty related to tariffs?

Allen Matkins on

“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

Akerman LLP

Tariff Troubles: Analyzing Construction Contracts in the Current Market

Akerman LLP on

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

Mayer Brown

Legal Developments in Construction Law: May 2025

Mayer Brown on

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

Gray Reed

Weathering the Storm – Part 3: Force Majeure in Construction Contracts

Gray Reed on

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

Offit Kurman

How Long Is Too Long? What Statutes of Repose Mean for Your Liability Exposure

Offit Kurman on

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

Saul Ewing LLP

AIA Releases Updated Design-Build Forms

Saul Ewing LLP on

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

BCLP

"Battle of the Forms” in the Hong Kong Construction Industry

BCLP on

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

PilieroMazza PLLC

Top 10 Killer Construction Contract Clauses, Part 1: No Damages for Delay

PilieroMazza PLLC on

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

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

Goulston & Storrs PC on

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

J.S. Held

Tariffs and Trade Series: Impact on the Insurance Industry for Construction Claims

J.S. Held on

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

DarrowEverett LLP

Commercial Tenant Improvements: Key Considerations for Lease Negotiations

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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

Gray Reed

Industrial Insights: Time Extensions

Gray Reed on

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

Gray Reed

Manufacturing Matters: Change Orders

Gray Reed on

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

Bradley Arant Boult Cummings LLP

Yes, Damages for Delay: Court Permits Delay Damage Claim to Proceed

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

Sands Anderson PC

Shifting the Risk of Shifting Sands: A Brief Introduction to Differing Site Condition Provisions

Sands Anderson PC on

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

BCLP

Part 4, Procurement Act 2023: Implied Terms, Contract Performance and Transparency

BCLP on

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

JAMS

The Complexities of Construction Dispute Resolution, Part I: Statutory Adjudication

JAMS on

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

Frantz Ward LLP

Oral Contract and Invalid Lien Spell Trouble for Contractor

Frantz Ward LLP on

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

Womble Bond Dickinson

Litigation or Arbitration: Which is Better for Adjudicating Contract Disputes?

Womble Bond Dickinson on

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

Mayer Brown

Legal developments in construction law: December 2024

Mayer Brown on

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

BCLP

Design Responsibility: The Need for Clarity

BCLP on

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

Sheppard Mullin Richter & Hampton LLP

Dispute Resolution Considerations in Construction Contracts

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

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