News & Analysis as of

Contract Drafting Contract Disputes Construction Contracts

Porter Hedges LLP

How do you solve a problem like a tariff? Understanding and addressing tariff risks in construction contracts.

Porter Hedges LLP on

Since February 2025, numerous tariffs affecting the construction industry have been announced, imposed, and paused. These tariffs present a problem for parties drafting and negotiating construction contracts—namely how to...more

Cohen Seglias Pallas Greenhall & Furman PC

[Webinar] How to Protect your Rights on a USACE Dredging Project - March 19th, 12:00 pm - 1:00 pm ET

Join Cohen Seglias Government Contracting attorneys Michael Payne, Casey McKinnon and Steve Tobin for an in-depth discussion on how to protect your rights on dredging projects with the U.S. Army Corps of Engineers (USACE)....more

Davis Wright Tremaine LLP

Armed Services Board of Contract Appeals Restrictively Interprets Standard Government Release Language

The ASBCA restrictively interpreted standard release language in a government modification. In the Sauer Construction case, ambiguous release language couldn't bar a remediation claim, highlighting the need for clear...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

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

Gray Reed

Obscure But Important Surety and Guarantee Rules

Gray Reed on

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

Sheppard Mullin Richter & Hampton LLP

Last, but NOT Least: Why You Should Take a Closer Look at Your Next Indemnification Clause

Indemnification clauses appear in nearly every agreement, but they are often overlooked as mere boilerplate provisions after the parties have painstakingly negotiated all of the other terms. It is not uncommon for parties to...more

Buchalter

The Real Lemon in the Bunch: Understanding Pay-If-Paid Clauses in Construction Contracts

Buchalter on

As you may be aware, one of the greatest risks on a construction project involves the payment process. Just like my kids expect to be paid for the lemonade they sell, contractors and subcontractors expect to be paid on a...more

Buchalter

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

Buchalter on

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

A&O Shearman

Practical completion: Court of Appeal provides general guidance

A&O Shearman on

A clause stating that a reduction in room size by more than 3% would be “deemed material” related only to the materiality of the variation from the contract drawings, rather than the materiality of the resulting breach of...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

Robinson+Cole Construction Law Zone

Subcontractor Not Entitled to Payment After Refusal to Perform Disputed Extra Work

In the hustle and bustle of completing a construction project it can be easy to overlook the importance of the contract.  However, when a dispute arises the contract generally dictates the outcome of that dispute.  A recent...more

Saul Ewing Arnstein & Lehr LLP

TOP TEN Construction Clauses - The “Work” Clause

This clause defines the scope of work in a construction project and the definition varies by source. For instance, American Institute of Architects Document A201-2007 defines "Work" as "construction and services required by...more

Spilman Thomas & Battle, PLLC

What’s in that Contract Again? Reflections on the Recent Recession

During and immediately after the most recent recession, construction litigation seemed to hit an apex. New pre-litigation matters to resolve monetary disputes from recession-era construction projects continue to keep many...more

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