News & Analysis as of

Construction Disputes Contract Terms General Contractors

Bradley Arant Boult Cummings LLP

Court Separates Facts from Fiction – Lack of Supporting Project Documents Dooms Contractor

A recent decision from the U.S. District Court for the Southern District of Florida demonstrates how facts supported by documents generated during the project can be vital to prime contractor/subcontractor disputes. In...more

Bricker Graydon LLP

[Hybrid Event] 22nd Annual Top Gun Construction Claims Seminar - October 24th, Dublin, OH

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Bricker Graydon's construction attorneys are proud to present "Top Gun," our premier Midwest construction claims seminar. This seminar will cover: - Important construction concepts, including key contract language, best...more

Gray Reed

It Doesn’t Pay to Delay: Prompt Payment Acts in Texas

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If an owner or general contractor fails to timely pay on a project, you may be entitled to prompt pay interest. Prompt payment acts are intended to deter late payments by general contractors and owners by enabling contractors...more

Carr Maloney P.C.

“Pay-if-paid” and “Pay-when-paid” Clauses in Maryland and the District of Columbia

Carr Maloney P.C. on

General Contractors may seek to condition payments to Subcontractors by using “pay-if-paid” or “pay-when-paid” clauses in their contracts. Typically, as the name suggests, pay-when-paid provisions concern the timing of...more

Bradley Arant Boult Cummings LLP

How to Deal with Retainage on Alabama Public Projects

Retainage can be tricky in Alabama, particularly on public projects. In this post, we address retainage on public projects for public owners in the state (e.g., a governmental board, commission, agency, body, authority,...more

Bricker Graydon LLP

[Hybrid Event] 21st Annual Top Gun Construction Claims Seminar - October 19th, Dublin, OH

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Bricker Graydon's construction attorneys are proud to present "Top Gun," our premier Midwest construction claims seminar. This seminar will cover: - Important construction concepts, including key contract language, best...more

McNees Wallace & Nurick LLC

Preparing for Your 2023 Construction Project Pipeline: Streamline Your Contract Management

With spring upon us, the construction industry is buzzing. As your company looks at upcoming construction projects in the pipeline, now is a great time to consider optimizing processes for efficient and effective contract...more

Bradley Arant Boult Cummings LLP

No Written Change Order? No Problem! Court Sides with Subcontractor in Payment Dispute

Many contracts contain provisions requiring that changes to a contract be in writing and signed by a particular authorized person. Under such provisions, work done without proper written authorization will not be...more

Frantz Ward LLP

“Pay-if-Paid” vs. “Pay-when-Paid”: Understanding Contractor’s and Subcontractor’s Assumption of Risk of Owner’s Nonpayment

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In a typical construction contract, the project owner pays the prime contractor, and the prime contractor in turn pays the subcontractor, and so on down the line. The question then arises, what happens if the owner doesn’t...more

Burr & Forman

Feeling Rejected? MA Court Construes for the First Time the Provisions of the Prompt Pay Act

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In life, rejection is often hard to swallow.  In construction, that rejection can sometimes amount to millions of dollars.  A Massachusetts court recently held that an owner’s rejection of the contractor’s payment...more

Miller Nash LLP

Warranty vs. Correction Period: What's the Difference Between These Clauses?

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Chances are that if you’ve ever read an industry-standard construction contract, you’ve noticed that for a period of time after substantial completion of the project (usually 12 months), the contractor is required to come...more

Bricker Graydon LLP

[Ongoing Program] Specific Claims – Changes in Project Design and Scope, Preconstruction - November 18th, 12:00 pm - 1:00 pm EST

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19th Annual Top Gun Premier Midwest Construction Claims Webinar Series - Bricker & Eckler's construction attorneys are proud to present "Top Gun," our premier Midwest construction claims webinar series. This free event...more

Bricker Graydon LLP

[Ongoing Program] Specific Claims – Cost-Plus Pricing Disputes - November 10th, 12:00 pm - 1:00 pm EST

Bricker Graydon LLP on

19th Annual Top Gun Premier Midwest Construction Claims Webinar Series - Bricker & Eckler's construction attorneys are proud to present "Top Gun," our premier Midwest construction claims webinar series. This free event...more

Bricker Graydon LLP

[Ongoing Program] Specific Claims – Defective and Non-Conforming Work - November 4th, 12:00 pm - 1:00 pm EST

Bricker Graydon LLP on

19th Annual Top Gun Premier Midwest Construction Claims Webinar Series - Bricker & Eckler's construction attorneys are proud to present "Top Gun," our premier Midwest construction claims webinar series. This free event...more

Bricker Graydon LLP

[Ongoing Program] Strategies for Dealing with Claims – Project Schedule - October 28th, 12:00 pm - 1:00 pm EST

Bricker Graydon LLP on

19th Annual Top Gun Premier Midwest Construction Claims Webinar Series - Bricker & Eckler's construction attorneys are proud to present "Top Gun," our premier Midwest construction claims webinar series. This free event...more

Bricker Graydon LLP

[Ongoing Program] Specific Claims – Unforeseen Site Conditions - October 21st, 12:00 pm - 12:45 pm EST

Bricker Graydon LLP on

19th Annual Top Gun Premier Midwest Construction Claims Webinar Series - Bricker & Eckler's construction attorneys are proud to present "Top Gun," our premier Midwest construction claims webinar series. This free event...more

Bricker Graydon LLP

[Ongoing Program] Strategies for Dealing with Claims – Project Documentation - October 14th, 12:00 pm - 12:30 pm EST

Bricker Graydon LLP on

19th Annual Top Gun Premier Midwest Construction Claims Webinar Series - Bricker & Eckler's construction attorneys are proud to present "Top Gun," our premier Midwest construction claims webinar series. This free event...more

Bricker Graydon LLP

[Ongoing Program] Strategies for Dealing with Claims – Insurance and Bonds - October 7th, 12:00 pm - 12:50 pm EST

Bricker Graydon LLP on

19th Annual Top Gun Premier Midwest Construction Claims Webinar Series - Bricker & Eckler's construction attorneys are proud to present "Top Gun," our premier Midwest construction claims webinar series. This free event...more

Bricker Graydon LLP

[Ongoing Program] Beginning a Project – Decision Points - September 29th, 12:00 pm - 1:15 pm EST

Bricker Graydon LLP on

19th Annual Top Gun Premier Midwest Construction Claims Webinar Series - Bricker & Eckler's construction attorneys are proud to present "Top Gun," our premier Midwest construction claims webinar series. This free event...more

Bricker Graydon LLP

[Webinar] Specific Claims – Changes in Project Design and Scope, Preconstruction - November 19th, 12:00 pm - 1:00 pm EST

Bricker Graydon LLP on

Bricker & Eckler's construction attorneys are proud to present "Top Gun," our premier Midwest construction claims webinar series. This free event will cover: - Important construction concepts, including key contract...more

Bricker Graydon LLP

[Webinar] Specific Claims – Cost-Plus Pricing Disputes - November 12th, 12:00 pm - 1:00 pm EST

Bricker Graydon LLP on

Bricker & Eckler's construction attorneys are proud to present "Top Gun," our premier Midwest construction claims webinar series. This free event will cover: - Important construction concepts, including key contract...more

Bricker Graydon LLP

[Webinar] Specific Claims – Defective and Non-Conforming Work - November 5th, 12:00 pm - 1:00 pm EST

Bricker Graydon LLP on

Bricker & Eckler's construction attorneys are proud to present "Top Gun," our premier Midwest construction claims webinar series. This free event will cover: - Important construction concepts, including key contract...more

Bricker Graydon LLP

[Webinar] Strategies for Dealing with Claims – Project Schedule - October 29th, 12:00 pm - 1:00 pm EST

Bricker Graydon LLP on

Bricker & Eckler's construction attorneys are proud to present "Top Gun," our premier Midwest construction claims webinar series. This free event will cover: - Important construction concepts, including key contract...more

Bricker Graydon LLP

[Webinar] Strategies for Dealing with Claims – Project Documentation - October 15th, 12:00 pm - 12:30 pm EST

Bricker Graydon LLP on

Bricker & Eckler's construction attorneys are proud to present "Top Gun," our premier Midwest construction claims webinar series. This free event will cover: - Important construction concepts, including key contract...more

Bradley Arant Boult Cummings LLP

Walking the Tightrope: Liquidation Agreement “Traps for the Unwary”

When crafting a liquidation or “pass-through” agreement for a subcontractor claim against the government, the key provision from the prime contractor’s perspective is a release from any liability for the subcontractor’s claim...more

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