News & Analysis as of

Construction Project Contract Terms Supply Chain

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

Industrial Insights: Time Extensions

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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

Butler Snow LLP

The Trouble with Tariffs: Understanding the Impact on a Construction Contract

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The tariffs enacted and proposed by the Trump administration have created a cause for concern among industries worldwide, and the construction sector is no exception. Imported goods are often essential to a construction...more

Hahn Loeser & Parks LLP

Impact of Tariffs on Construction Costs

President Trump’s prospective assessment of 25% tariffs on certain materials coming from Canada and Mexico, and prospective 10% tariffs on certain material from China, may increase contractor costs in fulfillment of...more

Gray Reed

Disrupted Operations – Owners Beware!

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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

Offit Kurman

How should construction contracts approach potential tariffs?

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As an initial primer: tariffs typically work as a tax, charged on goods purchased and imported to the United States from a foreign country. The tariff is charged as a percentage on the price paid for the foreign good. Tariffs...more

Gould + Ratner LLP

Key Takeaways From Construction Roundtable on “Digging Into Pre-Construction: What Owners and Developers Need to Know When...

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The key to a successful construction project often lies in how much work you do long before the first shovel of dirt is turned. But where should an owner or developer focus their time and resources for the best possible...more

Vinson & Elkins LLP

When Contractors Become Project Owners: Opportunities, Risks and Conflicts for Japanese Contractors to Consider When Taking Equity...

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Japanese heavy-industries companies that typically act as contractors or suppliers on projects are increasingly invited to contribute as equity investors in the projects they construct or supply major equipment to, thereby...more

Akerman LLP

Tips for Responding to a Notice of Construction Delay Arising From a Hurricane

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Hurricane Ian’s unprecedented size and strength is taking a major toll on the state of Florida and other areas in the southeast United States, which is likely to cause impacts to the construction industry. Akerman attorneys...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

Stinson LLP

Material Cost Escalation: Who Bears the Cost Now? And, What Can Be Done to Address the Problem in the Future?

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While an increase in construction costs for materials is not new to the industry, the extent of the cost increases during this COVID-19 time may be beyond anyone's experience. Prior to COVID-19, material costs have spiked for...more

Robinson+Cole Construction Law Zone

Revisiting Price Escalation Clauses in a Time of Skyrocketing Material Costs

Anyone monitoring construction industry trends is aware that the prices of raw construction materials, particularly steel and lumber, have been rapidly increasing since early 2020. Earlier this year, Associated Builders and...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

Troutman Pepper Locke

Best Practice With Notices for Force Majeure Events

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As the wave of reopening orders sweeps across the country, businesses see a light at the end of the tunnel. That light, however, in many instances is still yellow, and may be so for some time to come. ...more

Hogan Lovells

FIDIC COVID-19 Guidance Memorandum

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The rapid spread of COVID-19 has disrupted global commerce, destabilized the world’s leading economies and affected businesses and projects across industries. The construction industry is no exception. COVID-19 has materially...more

Akerman LLP

Responding to Contractors’ Notice of Delay Caused by COVID-19

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With coronavirus interrupting the construction industry, Akerman attorneys offer guidance on how to respond to notices of construction schedule delays and supply chain impacts from contractors and suppliers. Originally...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

Burr & Forman

The Coronavirus Effect on Construction Projects

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There is increased pressure by federal, state and local governments to minimize gatherings. Many businesses encourage telecommuting in situations such as this. However, that is not feasible on a construction project....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

Robinson+Cole Construction Law Zone

Who Will Bear the Risk and Cost for Coronavirus Construction Delays? A Contractual Analysis.

As the Coronavirus spreads across the globe, its impact continues to disrupt many industries, including construction.  Over the last twenty years, the construction industry in the United States has substantially increased its...more

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