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Construction Project 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

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

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

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

Bracewell LLP

The COVID-19 Change Order

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During the pandemic it has become common for contractors to submit change orders to owners seeking reimbursement for COVID-19 related expenses and costs. This is especially true for large construction projects. These...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

Kilpatrick

5 Key Takeaways - Legal Issues: Risk Management in Underground Construction

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Kilpatrick Townsend’s Randy Hafer recently participated in a panel discussion addressing “Legal Issues” at the 2022 Risk Management in Underground Construction Conference. As tunneling projects get larger and more...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

Stinson LLP

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

Stinson LLP on

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

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

Fox Rothschild LLP

COVID-19 Impacts On Construction Contracts: Legal Arguments For And Against Performance

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As members of the construction industry are well aware, COVID-19 has created, and continues to create, production delays that have caused uncertainty in the availability and pricing of materials. Questions continue to be...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

Jones Day

Construction Lockdown: Potential Impact of COVID-19 on Construction Projects in Greater Sydney

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Under the latest New South Wales Public Health Order, all non-urgent work at construction sites in Greater Sydney has been paused from 12:01 a.m. on Monday 19 July until 11:59 p.m. on Friday 30 July....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

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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...

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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

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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

Gray Reed

Excusable Delay and Builder’s Risk: A Reminder to Weatherproof Your Contracts

Gray Reed on

The winter storm that brought snow, freezing temperatures, power outages, frozen water lines and bursting pipes to Texas, shutting down most construction projects in the process, forced many contractors and owners to take a...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

Vinson & Elkins LLP

Force Majeure In Emerging Markets: Mitigating Risk For Construction And Energy Investors

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Although emerging markets offer a wealth of investment opportunities, political instability and government responses to adverse events present risks for foreign investors. This article considers key dispute risks related to...more

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