News & Analysis as of

Dispute Resolution Contract Terms Construction Project

Nelson Mullins Riley & Scarborough LLP

Avoiding Contract Conflicts: Five Key AIA Provisions to Align with Lease Agreements

This article continues a series offering practical guidance to developers, owners, and project teams on how to proactively harmonize American Institute of Architects (AIA) construction documents with the broader contractual...more

Gray Reed

Manufacturing Matters: Change Orders

Gray Reed on

Manufacturing construction is booming across Texas in early 2025, with Samsung’s landmark $17 billion semiconductor facility in Taylor, Texas leading the charge as part of a broader trend concentrated along major metro areas...more

Womble Bond Dickinson

Litigation or Arbitration: Which is Better for Adjudicating Contract Disputes?

Womble Bond Dickinson on

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

Sheppard Mullin Richter & Hampton LLP

Dispute Resolution Considerations in Construction Contracts

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

Mayer Brown

Legal Developments in Construction Law: October 2024

Mayer Brown on

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

Vinson & Elkins LLP

"Supreme Court Rules Most Collateral Warranties Are Not Construction Contracts" in Abbey Healthcare v Simply [2024] UKSC 23

Vinson & Elkins LLP on

On 9 July 2024, the Supreme Court unanimously held that collateral warranties deriving from or reflective of the primary building contract, and merely promising continued construction, are not generally considered agreements...more

BCLP

Abbey Healthcare - A Prompt for Considering Contractual Adjudication in Collateral Warranties?

BCLP on

An article considering the Supreme Court’s decision in Abbey Healthcare, which decided that a typically worded collateral warranty is not a construction contract for the purposes of the Housing Grants, Construction and...more

Blake, Cassels & Graydon LLP

Unpacking Recent Trends in Major Projects and Infrastructure Arbitration

Amid the evolving complexities of infrastructure projects, stakeholders are increasingly seeking innovative solutions to mitigate risk and manage disputes more efficiently. Below, we discuss recent trends shaping major...more

JAMS

How to Prevent Frequent Contract Errors in Large Construction Projects

JAMS on

Fantastic news! The deal has come together—for construction of the steel bridge or for placement of the exterior panels on the downtown high-rise or for the dirt work at the site of the new energy plant. All the hard work,...more

Vinson & Elkins LLP

When Contractors Become Project Owners: Opportunities, Risks and Conflicts for Japanese Contractors to Consider When Taking Equity...

Vinson & Elkins LLP on

Japanese heavy-industries companies that typically act as contractors or suppliers on projects are increasingly invited to contribute as equity investors in the projects they construct or supply major equipment to, thereby...more

Bradley Arant Boult Cummings LLP

It’s a Family Affair: SCOTX Compels Non-Signatory Minor Children to Arbitrate Their Construction Defect Claims with Signatory...

A novel question arose over the past few years in residential construction law as to whether minors were subject to the contractual provisions in their parents’ purchase or construction contract. The contract typically has a...more

Bradley Arant Boult Cummings LLP

Step-by-Step: Failure to Strictly Comply With Dispute Resolution Procedure Can Waive Contractual Right to Arbitrate

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

White & Case LLP

Invalid payment claims and notices under construction contracts

White & Case LLP on

A key part of the interim payment process in construction projects is the issuing of payment notices by payee and payer alike. Two recent UK cases demonstrate a strict approach being taken by the courts to the validity of...more

White & Case LLP

Managing construction risks in Asia-Pacific: Philippines

White & Case LLP on

The Philippines construction industry is expected to grow with the introduction of the "Build, Build, Build" initiative and the amendment of a number of laws that would loosen restrictions on foreign investment. The...more

Jones Day

Expert Determination Clauses: A Tailored Alternative for Construction Projects?

Jones Day on

The Situation: Construction disputes face unique challenges in addition to those faced in other types of commercial disputes. Parties often agree to adopt independent expert determination as a means of managing these...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

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

Neal, Gerber & Eisenberg LLP

Client Alert: Twelve Things to Consider When Negotiating a Demolition Contract

With so many big box retailers closing stores and going out of business, shopping center owners are faced with what to do with the vacated stores. ...more

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