News & Analysis as of

Construction Industry Force Majeure Clause

Gray Reed

Preparing Contracts for Hurricane Season – Force Majeure

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The recent derecho storm caused severe damage throughout Houston and the surrounding area. The intense winds and flash flooding served as a costly lesson to many contractors and project owners. With the expected active...more

Davis Wright Tremaine LLP

Material Price Surges: What They Mean for Construction and How To Cope

Once again, the construction industry is facing significant challenges due to material availability and price increases. Copper prices hit a record high on May 15, 2024, and have gained around 30% in 2024...more

Stoel Rives -  Ahead of Schedule

Follow-Up: Should Attorneys Use Artificial Intelligence to Draft a Construction Contract?

Over this past summer, our colleague Mario R. Nicholas penned an article for the Daily Journal of Commerce entitled “Can Artificial Intelligence Be Trusted to Draft a Construction Contract?”  It is a great read, and we borrow...more

Venable LLP

Construction Industry Concerns Resulting from Dangerous Air Infiltrating into New York Region

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The New York region has experienced some of the worst air quality in the world as a result of the recent Canadian wildfires that continue to rage out of control, something weather forecasters believe will become more common...more

Bradley Arant Boult Cummings LLP

Contextual “Construction” of Force Majeure Clauses

The Texas Supreme Court recently provided new guidance in interpreting force majeure language in an oil and gas drilling dispute. In Point Energy Partners Permian, LLC v. MRC Permian Company, the court held that the oil and...more

Porter Hedges LLP

Top Five Provisions to Review in Your Construction Contract

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It’s 3:00 p.m. on a Friday and you’ve been tasked with reviewing a construction contract by close of business. It’s long, and you only have time to review the most important terms. Which ones do you choose?...more

King & Spalding

COVID as a Force Majeure Event - An Interesting and Unexpected Development in Singapore

King & Spalding on

The Appellate Division of the Singapore High Court recently provided the construction industry with interesting, and somewhat unexpected, guidance regarding COVID as a force majeure event in the context of construction...more

Kilpatrick

8 Key Takeaways | Hot Topics in Construction Contracting

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Partner Brian Gaudet recently presented on “Hot Topics in Construction Contracting” at the Association of Corporate Counsel Houston Chapter Meeting. With the continuing impact of Covid-19, the supply chain crunch, world...more

Kilpatrick

8 Key Takeaways - Hot Topics in Construction Contracting

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Kilpatrick Townsend Partner Brian Gaudet recently presented on “Hot Topics in Construction Contracting” at the Association of Corporate Counsel Houston Chapter Meeting. With the continuing impact of Covid-19, the supply chain...more

Stoel Rives -  Ahead of Schedule

War-fueled Construction Cost Increases May Warrant Look at Force Majeure

The Russian invasion of Ukraine and economic sanctions imposed by countries around the world in response have disrupted supplies of fuel, steel, and other materials necessary for construction. This has resulted in price...more

Williams Mullen

Material Price Escalation: Workable Compromises Versus Traditional Allocation of Risk Expectations

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Rapid material price escalation is a costly reality of today’s construction industry. How long this escalation will be a reality is anyone’s guess. In the meantime, there are workable solutions; but those pressing for...more

Fox Rothschild LLP

Material Escalation: A Difficult Road to Recover Costs

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The annual inflation rate in the United States rose 7% in 2021, its highest rate since 1982. The construction industry has not been immune from this general trend, with steel prices rising 200% and lumber prices soaring as...more

Smith Gambrell Russell

Have you considered an Escalation Clause to cope with Rising Costs?

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Earlier this year, the soaring cost of lumber and other construction materials made headlines throughout mainstream media as contractors and owners grappled with the consequences of market volatility. While the construction...more

Blake, Cassels & Graydon LLP

Trends and Developments in Infrastructure Arbitration

The effects of COVID-19 and concerns about unforeseen events have caused both owners and contractors of infrastructure projects to re-evaluate how to best mitigate risk and manage disputes more efficiently. Some elements of...more

White and Williams LLP

Five Frequently Overlooked Points of Construction Contracts

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There is no shortage of articles addressing the key points of construction contracts. Just enter that phrase into any internet search engine and you will find plenty. It should go without saying that a construction contract...more

Kilpatrick

10 Key Takeaways - Considerations for Construction and Design Contracts

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Whether your company is about to upsize, downsize, relocate, or reconfigure its space, there is a good chance there is a construction project in your company’s future. During the Association of Corporate Counsel Houston...more

Cohen Seglias Pallas Greenhall & Furman PC

Spring Cleaning: Review Your Contracts to Account for Ongoing COVID-19 Concerns

At this point, avoiding the cliché is, well, unavoidable. We are now past the one-year mark of the COVID-19 pandemic and much has changed. You don’t need a construction attorney to tell you so. While things have changed, we...more

Adams and Reese LLP

Material Price Escalation Has Become a Source of Substantial Conflict in Construction Contracting

Adams and Reese LLP on

The cost of building materials has risen significantly this year. Who should bear this risk and how can the various parties to construction contracts mitigate this risk? Owners, contractors, subcontractors, and...more

Gould + Ratner LLP

Constructing a Data Center: Understanding the Key Issues

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With society’s increased reliance on working remotely, vis a vis through “the cloud” and need for unfettered amounts of storage and processing power, data centers seem to be popping up almost everywhere you turn. In fact,...more

Ward and Smith, P.A.

Construction Conference Roundup: Roundtable Session Covers Employment Contracts, PPP Documentation, How To Vet Private...

Ward and Smith, P.A. on

The roundtable Q&A session in Ward and Smith’s virtual 2020 Construction Conference covered a range of issues, from employment matters to vetting private clients, based on questions from attendees. Ward and Smith attorneys...more

Stoel Rives -  Ahead of Schedule

Pandemic Creates Cause to Rethink Overlooked Contract Provisions

The last time my byline appeared in this column, we were just a few weeks into the government-ordered lockdown, and I pondered whether construction projects could — or should — continue. In the year since, the construction...more

Snell & Wilmer

Wash Your Hands and Read Your Contract: COVID-19 Reminders for the Construction Industry

Snell & Wilmer on

A year into the pandemic, many of us are reflecting on how far we have come. While we may laugh at the memory of wiping off grocery bags with Clorox, some of the lessons, like washing your hands for at least 20 seconds, are...more

Dorsey & Whitney LLP

Suez Canal Blockage to Cause Lasting Construction Delays and Owner-Contractor Disputes

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The six-day saga of the Ever Given came to an end on the afternoon of Monday, March 29, when the 1,300-foot cargo ship was finally dislodged from the banks of the Suez Canal. However, with over 300 ships waiting for passage...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Impact of COVID-19 on Construction and Infrastructure Projects: An On-Site Perspective

On January 14, 2021, Skadden and BDO Consulting co-hosted a webinar discussing the impacts of COVID-19 on complex construction projects. The program was based in part on the perspectives of owners and contractors surveyed by...more

PilieroMazza PLLC

COVID-Related Construction Claims: 4 Key Strategies for Recovery

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The construction industry has seen increased costs and contract performance concerns resulting from the impacts of COVID-19. For construction firms contracting with the government, it is critical to understand how to positon...more

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