News & Analysis as of

Construction Project Risk Allocation

Nelson Mullins Riley & Scarborough LLP

Avoiding Contract Conflicts: Five Key AIA Provisions to Align with Lease Agreements

This article continues a series offering practical guidance to developers, owners, and project teams on how to proactively harmonize American Institute of Architects (AIA) construction documents with the broader contractual...more

Procopio, Cory, Hargreaves & Savitch LLP

Progressive Design-Build Takes Another Step Forward in California

Legislators have gradually expanded local agencies’ authority to procure construction projects over the last couple of decades by using various alternatives to the design-bid-build delivery method, which requires that...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

Woods Rogers

Virginia’s New Construction Payment Terms (Part 1)

Woods Rogers on

(Part one of a two-part article series) Confused about “pay-when-paid”, “pay-if-paid” clauses and the requirements of Virginia’s Prompt Payment Act on Virginia construction contracts? A new law intending to change the...more

White & Case LLP

Offshore wind projects: delays during construction

White & Case LLP on

The offshore wind sector continues to grow at an unprecedented rate, particularly in Europe, and increasingly in Asia and North America. The construction phase of any project is vulnerable to delay. That is particularly the...more

Farella Braun + Martel LLP

Engineering, Procurement and Construction Agreements for Utility-Scale Battery Projects

The negotiation of an engineering, procurement and construction (EPC) agreement for a battery energy storage systems (BESS) project typically surfaces many of the same contractual risk allocation issues that one encounters in...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

White & Case LLP

Allocation of Risk in Construction Contracts (Updated)

White & Case LLP on

Risk in construction contracts - 'Risk', in a project delivery context, can be defined as 'an uncertain event or set of circumstances that, should it occur, will have an effect on the achievement of one or more of the...more

Troutman Pepper Locke

Proactive Project Management: Project Control Strategies For Construction Megaprojects: Chapter 3 Of Construction Law In The...

Troutman Pepper Locke on

The goal of any construction project, no matter how large or small, is completion of the project on time, at or under budget, in conformance with the contract requirements, and to the satisfaction of the owner. Managing...more

Akin Gump Strauss Hauer & Feld LLP

FIDIC Issues “Emerald Book” for Underground Works

International construction arbitration welcomes FIDIC's latest standard form contract: the “Emerald Book”. Known more formally as Conditions of Contract for Underground Works the contract is designed to address issues that...more

Hahn Loeser & Parks LLP

Contract Risk for Escalation Costs

Steel and other construction material tariffs necessitate careful evaluation and allocation of project cost and schedule risks. For example, when steel costs increased suddenly based solely on presidential executive orders,...more

Hogan Lovells

How to draft for concurrent delay wherever your projects are

Hogan Lovells on

A new English Court of Appeal decision shows how to allocate concurrent delay risk successfully. Our worldwide construction team helps your drafting reflect this growing tendency for courts and arbitrators globally to prefer...more

Troutman Pepper Locke

Fifth Circuit Considers Allocation of Risk of Defective Plans and Specifications in Reversing $1.29 Million Judgment Entered in...

Troutman Pepper Locke on

Dallas/Fort Worth International Airport Board v. INET Airport Systems, Inc., et al., 2016 U.S. App. LEXIS 6646, 819 F.3d 245 (5th Cir. Apr. 12, 2016) - This action arose out of a construction project in terminal E of...more

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