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In addition to two other newly enacted Texas laws coming out of the most recent legislative session affecting the construction industry, Governor Greg Abbott also signed HB 2960, providing updates to Texas’ “home-rule”...more
Federal construction contracts often involve unforeseen delays. The key question is who is responsible for the resulting costs. A new decision from the ASBCA provides a blueprint for how contractors can maximize recovery...more
Large public infrastructure projects typically involve several stakeholders and a complex array of contracts and subcontracts. A thoughtful approach to the negotiation and drafting of contractual dispute resolution clauses...more
2025 brought with it many new tariffs, and those tariffs seem to be changing on a near-daily basis. Given this, many in the real estate industry are understandably apprehensive about beginning new projects. Many more are...more
Does this sound familiar? Nearly every construction contract contains an indemnification provision with some variation of these terms. And if you have ever negotiated a construction contract, you know that indemnification...more
What lawyers call a “battle of the forms” occurs when two parties, negotiating a contract, exchange conflicting standard terms during the contract negotiation and formation. This leads to the obvious and not uncommon dilemma:...more
A federal judge in Louisiana has dished out some harsh criticism of contractors who don’t reduce their contracts to writing. The case involves the decommissioning of 26 orphaned oil and gas wells near Baton Rouge. The...more
While disputes can occur in any type of commercial transaction, construction contains a unique mix of “ingredients” that increase the likelihood that disputes will arise. Whereas most commercial transactions involve only a...more
In the recent decision of Veolia Water Tech., Inc. v. Antero Treatment LLC, 2024 COA 126 (Colo. App. 2024), the Colorado Court of Appeals addressed the “murky” application of the economic loss rule to the intentional tort of...more
1. LEASEHOLDERS MOVE CLOSER TO BUILDING LIABILITY ORDER AGAINST SPV PARENT COMPANY - Under section 130 of the Building Safety Act the court can make a Building Liability Order against a company that was not responsible...more
With the exception of those living under rocks, construction professionals are well aware of the recent spate of litigation about the Massachusetts Prompt Pay Act. In 2022, the Massachusetts Appeals Court interpreted the Act...more
Ask anyone with experience on construction projects, particularly large, complex “mega-projects,” and they will tell you that disputes are an expected part of doing business. It is rare that these projects come in on schedule...more
Over the years, general contractors and commercial developers have debated their rights during a concurrent delay. When a concurrent delay happens, the question arises: should the general contractor receive a) an extension of...more
During a recent webinar, “Dispute Resolution Considerations in Construction Contracts”, I was joined by my colleagues Chris Kolosov and Emily Anderson to discuss the dispute resolution alternatives available to parties...more
1. AN AGREEMENT TO AGREE IS UNENFORCEABLE – OR IS IT? An agreement to agree is not enforceable. For example, in a sale of goods contract, price is an essential ingredient, and if still to be agreed between the parties,...more
Most state and federal courts have expressed a strong preference for parties to resolve their legal disputes via binding arbitration when there is an arbitration clause applicable to the dispute, but there are instances where...more
Australia is a highly advanced mixed economy, but investors – often drawn to the country's economic stability and resilience – should be aware of certain clauses that typically appear in construction contracts. Australia...more