News & Analysis as of

Construction Project Force Majeure Clause Contract Terms

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

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

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

Williams Mullen on

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?

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

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

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

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

Dorsey & Whitney LLP on

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

PilieroMazza PLLC

COVID-Related Construction Claims: 4 Key Strategies for Recovery

PilieroMazza PLLC on

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

BCLP

Disputes under Hotel Management Agreements in a COVID-19 World – Part I: Development Phase Disputes

BCLP on

The COVID-19 pandemic has wreaked havoc on the hospitality sector, significantly impacting the financial performance of existing hotels and causing delays to new hotel projects. These impacts may result in hotel owners and...more

Akerman LLP

COVID-19 Related Renovations: Key Terms Owners Should Include in All Construction Contracts

Akerman LLP on

As businesses begin to reopen following the COVID-19 shut down of 2020, it is clear that the "business as usual" model will no longer work. Rather, companies have had to make changes not only in their policies and practices,...more

Jones Day

Construction Projects and Disputes: A Look Beyond the Lockdown, Part III

Jones Day on

[co-author: Juan Huertas] Even as the world gradually eases out of lockdown, deals are rekindled and services are remobilized, no one doubts that the impact of the pandemic will continue to be felt for months and, some...more

Faegre Drinker Biddle & Reath LLP

Unknown Territory: Allocating Risk in International Construction Contracts in the Time of COVID-19 and Beyond

COVID-19 has impacted international construction projects in historic and largely unanticipated ways. Construction workforces have evaporated under enforced stay-at-home orders and concerns about worker and societal health...more

King & Spalding

Tokyo Dispute Resolution & Crisis Management Newsletter – June 2020: Coronavirus & Construction Contracts - Causation, Force...

King & Spalding on

Large construction projects, by their very nature, carry significant commercial and financial risk for the parties involved. Contributing to this overall risk is the reality that an act of nature or other circumstance beyond...more

Troutman Pepper Locke

Best Practice With Notices for Force Majeure Events

Troutman Pepper Locke on

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

Faegre Drinker Biddle & Reath LLP

Addressing COVID-19 Related Delays in Construction Contracts

You signed a construction contract in February. Then, in March, the world as we know it changed due to the COVID-19 pandemic. Whether you’re the project owner or the contractor, you may now face delays to your project due to...more

Jones Day

Construction Projects and Disputes: A Look Beyond the COVID-19 Lockdown

Jones Day on

The impact of COVID-19 on construction projects will vary significantly from jurisdiction to jurisdiction depending on a myriad of factors, including the severity of the pandemic, the nature and significance of government...more

Hogan Lovells

FIDIC COVID-19 Guidance Memorandum

Hogan Lovells on

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

Nossaman LLP

Impacts of COVID-19 on U.S. Infrastructure Projects

Nossaman LLP on

As the COVID-19 pandemic continues, both the public and private sectors have been working to understand the market’s response and search for solutions addressing the pandemic’s unprecedented impacts....more

Robinson+Cole Construction Law Zone

Ongoing Impacts of the Coronavirus Pandemic on Construction Projects in Major Markets

As we began to describe on March 18, the economic impacts of the ongoing coronavirus/COVID-19 pandemic on the construction industry are becoming more severe as the pandemic continues on and spreads. Substantial uncertainty...more

Troutman Pepper Locke

COVID-19 and the Construction Industry: Looking Beyond Force Majeure to Recover Time and Costs for Delay

Troutman Pepper Locke on

Much has been written about whether and how COVID-19 qualifies as a force majeure event. But typical force majeure provisions entitle contractors to only schedule relief. ...more

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