News & Analysis as of

Contract Terms Tariffs US Trade Policies

Morgan Lewis - Tech & Sourcing

Is Your Force Majeure Clause Tariff-ic?

Given the rapid, sweeping, and unpredictable changes in the tariff landscape, we return to the force majeure clause, a now-recurring theme following the COVID-19 pandemic and cyberattacks. Although, like many force majeure...more

Skadden, Arps, Slate, Meagher & Flom LLP

Navigating the Impact of the Trump Tariffs on Commercial Contracts

The evolving U.S. tariff regime under President Donald Trump has had and likely will continue to have profoundly impacts on commercial contracts. Commercial actors are evaluating their contractual commitments to determine the...more

Nossaman LLP

Tariffs and Their Impacts on the Life Cycle of Construction Contracts

Nossaman LLP on

In light of recent Executive Orders issued by President Trump concerning tariffs, countries around the world—including the United States—have been forced to reassess existing trade and contractual frameworks. The construction...more

Tarter Krinsky & Drogin LLP

Planning for Construction Costs in the Face of Tariff Uncertainty

The “reciprocal” tariffs announced on April 2nd, 2025, by the Trump administration to address what Trump declared a "large and persistent U.S. trade deficit," were one of the largest shocks to the international trade industry...more

Venable LLP

How Owners and Developers Can Mitigate Tariff Risks on Construction Materials and Equipment

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The Trump administration's imposition of tariffs on steel, aluminum, lumber, and other construction materials, in combination with increased tariffs on raw materials and finished goods from China, Japan, the EU, and...more

Benesch

INCOTERMS - More Relevant to Procurement and Sales Than Ever Before

Benesch on

The INCOTERMS published by the International Chamber of Commerce (ICC) have long served the international community by offering a “shorthand” for communicating key shipping terms. The ICC most recently issued the 2020 version...more

Dorsey & Whitney LLP

Navigating Tariff Risks in Construction Contracts

Dorsey & Whitney LLP on

In recent months, changes to tariff laws have had a significant impact on the construction industry. With looming disruptions to global supply chains and material costs rising, there are a number of commercial and legal...more

Gordon Rees Scully Mansukhani

Navigating the New Steel and Aluminum Tariffs in the Construction Industry

President Donald Trump has announced new 25% tariffs on steel and aluminum imports into the United States. This measure is part of the administration’s strategy to protect national security and address trade imbalances. ...more

Seyfarth Shaw LLP

Tariff Turbulence: Navigating Force Majeure Risks in Texas Oil and Gas Contracts

Seyfarth Shaw LLP on

Upstream oil and gas producers and oilfield service companies are facing new uncertainties from recently imposed federal tariffs. In early 2025, the US expanded tariffs on a broad range of imports, suddenly increasing costs...more

Pillsbury Winthrop Shaw Pittman LLP

Navigating Tariff Developments in Government Contracting

Recent changes in U.S. trade policy necessitate a thorough understanding of FAR and DFARS clauses related to cost recovery, duties and taxes....more

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

Foley & Lardner LLP

What Every Multinational Company Should Know About…Tariff Strategies for Sell-Side Contracts

Foley & Lardner LLP on

Assessing Tariff Impacts in Commercial Contracts - With the size and scope of President Trump’s tariffs continuing to shift, this is a critical time for businesses to assess their contracts and determine how increased...more

Hanson Bridgett

Protecting Your Bottom Line: Adjusting Supply Chain Contracts to Mitigate Tariff Impacts

Hanson Bridgett on

Recent shifts in international tariff policies have created significant uncertainty for US importers. As a buyer, revisiting your supply contracts now can help safeguard your business from unexpected costs and disruptions. ...more

Moore & Van Allen PLLC

MVA Supply Chain Brief: Navigating Rising U.S. Tariffs

Moore & Van Allen PLLC on

Tariffs on imports into the U.S. are on the rise, focusing on many of the U.S.’s largest trading partners like Mexico, Canada and China, as well as major products such as aluminum and steel. Buyers and sellers who are...more

Goulston & Storrs PC

Navigating Tariff Risk in Construction and Development Deals

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Tariff Policy Shifts Introduce New Real Estate Risks - Over the past few months, there have been significant changes to tariffs by the United States and other countries around the world....more

Arnall Golden Gregory LLP

How Companies Can Protect Against Rising Technology Costs Amid U.S. Reciprocal Tariffs

On April 2, 2025, the Trump administration announced a series of reciprocal tariffs, significantly impacting various global industries. These measures included a 25% tariff on auto imports, an additional 10% tariff on Chinese...more

Bradley Arant Boult Cummings LLP

U.S. Tariffs on Steel and Aluminum: Navigating the Changing Landscape in 2025

The United States is actively using tariffs to achieve its economic and political goals. Whether or not you agree with this policy approach, as a participant in the global economy you had better pay careful attention to the...more

Farrell Fritz, P.C.

Impact of Recent U.S. Tariffs on Material Adverse Change and Force Majeure Clauses

Farrell Fritz, P.C. on

The recent imposition of tariffs by the U.S. government has introduced significant complexities in contractual performance and risk allocation. It is important to assess how these tariffs may influence material adverse change...more

Faegre Drinker Biddle & Reath LLP

Trump 2.0 — The Return of Tariff Uncertainty in Commercial Contracts

The second Trump administration started with a bang. There has been an almost weekly focus on implementing and expanding tariffs on a variety of goods imported into the United States. These tariffs are aimed at protecting...more

Bradley Arant Boult Cummings LLP

Tariff-Driven Cost Increases: Can Federal Contractors Recover Through REAs?

Federal government contractors operating in today’s volatile global trade environment are no strangers to sudden and sometimes dramatic shifts in material costs. With tariffs periodically imposed or adjusted by executive...more

J.S. Held

Tariffs and Trade Series: Impact on the Insurance Industry for Construction Claims

J.S. Held on

The newly announced tariff policy from the United States has upended expectations for the global economy. The US tariffs are poised to potentially reshape global supply chains, impact regulatory compliance, and pressure...more

Kerr Russell

Tariffs and Contract Performance: Can Tariffs be a Force Majeure Event?

Kerr Russell on

Following the previous imposition of significant tariffs on imports from Canada and Mexico, President Donald J. Trump announced on April 2, 2025 additional tariffs of varying amounts covering virtually all goods imported into...more

Sheppard Mullin Richter & Hampton LLP

Understanding the Allocation of Tariff Payments

In the context of the tariffs imposed by the Trump Administration on imported goods, a prevalent misconception has arisen that foreign suppliers automatically bear the cost of these tariffs. The reality, however, is more...more

Warner Norcross + Judd

Ahead of the Curve Auto Supplier - Tariffs and Your Supply Chain

Since February, the Trump administration has announced and issued several sets of tariffs. As of last week, putting aside further reciprocal or retaliatory tariffs, it appears all expected tariffs have now been announced....more

Bradley Arant Boult Cummings LLP

The Impact of New Tariffs on U.S. Government Contractors

As global trade policies shift, U.S. government contractors must navigate the evolving landscape of tariffs and their implications. The recent introduction of new tariffs by the federal government has significant consequences...more

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