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Contract Drafting Construction Industry Contract Terms

Miller Nash LLP

Contract Drafting 101: Implied Warranties and Design Delegation

Miller Nash LLP on

Important elements of a strong construction contract include implied warranties and design delegation. It is necessary to pay close attention to these concepts to protect against future disputes. When a contractor is...more

Bradley Arant Boult Cummings LLP

The Basics of Contract Interpretation: A Primer for Non-Lawyers in the Construction Industry

Every first year law student in the U.S. takes a course on the Law of Contracts. It’s a rite of passage where lawyers-to-be learn all about things like consideration and legally-enforceable promises. And as lawyers, we also...more

K&L Gates LLP

Discombobulated Contractual Communications? Let Us Be Clear!

K&L Gates LLP on

Introduction - Imagine you are on a construction site somewhere in the Middle East. On-site you will likely hear the following phrases and mutations thereof: “Are you going to answer me?” and “Why are you telling me this...more

BCLP

Global Water Associates: applying Hadley v Baxendale

BCLP on

From time to time, those seminal cases we all studied during the early parts of our career pop up in practice. We’re all familiar with them: the snail in the bottle in Donoghue v Stevenson; the spurious sounding flu remedy in...more

Jones Day

Western Australia Proposes Building and Construction Industry (Security of Payment) Bill 2020

Jones Day on

The Western Australian government has sought industry comment on a suite of significant proposed reforms to the WA security of payment regime ("SOP"). If passed, the Bill represents the most significant reform to the...more

Gould + Ratner LLP

Best Practices for Coping With Project Modifications, Suspension and Termination During the Age of COVID-19

Gould + Ratner LLP on

As the COVID-19 pandemic continues, owners and developers find themselves facing the prospect of continued project disruptions. While almost every governmental shutdown order has allowed construction activities to continue as...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

King & Spalding

Large-Scale Construction Projects: To Arbitrate, or not to Arbitrate – That is the Question

King & Spalding on

Owners and contractors involved in large-scale energy and manufacturing projects face unique challenges in bringing projects to fruition. One challenge is negotiating and drafting a contract that places the parties in a fair...more

BCLP

Practically complete or completely impractical? Navigating the pitfalls of what constitutes practical completion

BCLP on

Many a construction dispute turns on defects. A significant subset of those turn on whether the existence of defects prevents practical completion from taking place. Originally published on the Practical Law Construction...more

Shutts & Bowen LLP

Contractors: Are your contracts prepared for a Hurricane? A look into force majeure clauses following Hurricane Michael.

Shutts & Bowen LLP on

Hurricane Michael made landfall on the Florida panhandle as the third strongest Atlantic hurricane on record to hit the United States. Hurricane Michael was the strongest hurricane, in terms of sustained winds, to hit the...more

Bradley Arant Boult Cummings LLP

Dealing with Difficult Parties on a Project - Modern Contractor Solutions

If you have been involved in the construction industry for any substantial amount of time, you have likely encountered an individual or an entity on a project who appears to be completely unreasonable or irrational. You may...more

Parker Poe Adams & Bernstein LLP

Smith v. D.R. Horton, Inc.: The End of Arbitration for Residential Developers and Builders in South Carolina?

Mark Twain famously wrote that the reports of his death were exaggerated. Following the South Carolina Supreme Court’s decision in Smith v. D.R. Horton, Inc. last month, you may have heard arbitration is dead for South...more

Saul Ewing Arnstein & Lehr LLP

Top Ten Construction Clauses: Change Orders and Change Directives

Construction contracts typically provide for changes in the scope of work through change orders, construction change directives and orders for minor changes. AIA Document A201-2007 and the ConsensusDocs Standard Agreement...more

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