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Goulston & Storrs PC

Law of the Land - Real Estate Litigation Newsletter - April 2023, Volume II, Issue II

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FEATURED ARTICLE - Efforts clauses are common in commercial agreements, including those involving real estate. Where one or both parties cannot guarantee a particular outcome, efforts clauses attempt to qualify obligations....more

BCLP

NEC4 Professional Service Contract - an introduction and overview

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Lucy Hawley takes a look at the NEC Professional Service Contract, considering the features of the form and what projects are particularly well suited to it.  ...more

Robinson+Cole Construction Law Zone

A New Template Contract for Prefabricated Construction

Over the past several years, modular construction has been on the rise and this method of construction has been used in the creation of health care facilities, education facilities, and apartment buildings. With the increased...more

American Conference Institute (ACI)

[Event] 7th Annual Conference on Managing Risk in Construction Contracts & Projects – Eastern Canada Edition - February 23rd -...

Hosted by CI, the 7th Annual Conference on Managing Risk in Construction Contracts & Projects – Eastern Canada Edition returns to Toronto for another exciting year with curated programming that addresses the most critical...more

American Conference Institute (ACI)

[Event] Managing Risk in Construction Contracts & Projects – Eastern Canada Edition - February 23rd - 24th, Toronto, ON, Canada

Reconnect with your peers and key stakeholders from construction companies, public sector, and infrastructure! The Canadian Institute’s 7th Annual Conference on Managing Risk in Construction Contracts & Projects – Eastern...more

Robinson+Cole Construction Law Zone

Don’t Pay for Your Performance Bond More than Once

An often-overlooked part of contract negotiations is the language included in the performance bond.  While the owner or contractor (bond obligee) requires a performance bond and pays for it, negotiating efforts are typically...more

Bilzin Sumberg

Appellate Court Narrowly Interprets Subcontract’s Venue Selection Provision in Payment Bond Lawsuit Against Surety

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Analysis of Southeastern Concrete Constructors, LLC v. W. Sur. Co., No. 2D20-2475, 2021 WL 2557297, (Fla. 2d DCA June 23, 2021) - One frequent consideration on the minds of those drafting construction contracts is the...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

Hogan Lovells

Contract and claim dispute management in the infrastructure and energy sector

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Importance of contract, claim and dispute management - Rapid urbanisation and growing demand mean that the construction industry is one of the largest industry sectors in the world, consistently poised to outpace the world...more

Sherman & Howard L.L.C.

[Webinar] 2021 Construction Law Seminar - February 18th, 8:00 am - 10:00 am MST

Join Sherman & Howard for our annual Construction Law Seminar, featuring presentations on the latest legal developments facing the industry. This virtual seminar is ideal for general contractors, subcontractors, real estate...more

Jones Day

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

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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

Seyfarth Shaw LLP

COVID-19 Language for New Construction Contracts: A Practical Approach

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Introduction - Those entering into new construction contracts should include custom language addressing the parties’ respective rights and responsibilities related to COVID-19. ...more

King & Spalding

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

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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

Seyfarth Shaw LLP

A201 Playbook for COVID-19: Avoiding Pitfalls and Mitigating Risk on Construction Projects

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The 2019 novel coronavirus and the disease it causes (“COVID-19”) is changing the landscape of construction projects across the country. COVID-19 orders from governors and other public officials are impacting projects by...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

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

Gray Reed

Obscure But Important Surety and Guarantee Rules

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Texas surety law contains obscure procedural rules that can have outsized consequences. Chapter 43 of the Civil Practice and Remedies Code is an important example....more

Burr & Forman

The Broccoli Incident: Making Sure You Ask for What You Want In Construction Claims

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Having litigated construction disputes for almost 20 years, the issue of entitlement often turns on whether the contractor properly submitted its claims in accordance with the terms of the parties’ contract. Whether the...more

Burr & Forman

Design-Build Contractor Held to the Same Standard On Differing Site Conditions Clause

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A court recently held that the type of contract delivery method did not change the applicability of the differing site conditions clause. Appeal of John C. Grimberg Co., Inc., ASBCA No. 58791 (Oct. 25, 2018) involved the...more

Bilzin Sumberg

Asociaciones público-privadas y resolución de disputas

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Hemos escrito mucho acerca de cómo las colaboraciones público-privadas (P3) ofrecen soluciones mejores y más eficientes para las necesidades de infraestructura pública y sobre cómo, debido a su eficacia, se han convertido en...more

Troutman Pepper

District Court in Wisconsin Finds That Counteroffer and Repeated Negotiations Concerning a Construction Contract Do Not Create...

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Skyrise Construction Group, LLC v. Annex Construction, LLC, 2019 BL 55071 (E.D. Wis. Feb. 20, 2019) - Subcontractor Skyrise Construction, Inc. (“Skyrise”) sued general contractor Annex Construction, Inc. (“Annex”) for...more

Shutts & Bowen LLP

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

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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

Lowndes

Top Five Strategies for Managing Construction Risks

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Construction is a risky business. During construction, claims for personal injury, property damage and economic losses are foreseeable and must be managed. After completion of construction, warranty claims and claims for...more

Troutman Pepper

Insurance Coverage for Property Damage Caused by Defective Workmanship

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One of the principal points of contention between insurers and insureds is whether defective construction work is, or can be, an occurrence, thereby triggering coverage. Originally published in ConsensusDocs (Vol. 3,...more

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