News & Analysis as of

Engineering Contract Terms

Miller Canfield

Use the Right Words and Claim Research Credits

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Issue: In Meyer, Borgman, and Johnson, Inc. v. Commissioner, the issue was whether the taxpayer’s (“MBJ” or “MBJ’s”) customers funded MBJ’s research activities. The court found that its customers did so, with the consequence...more

Mayer Brown

Legal Developments In Construction Law: January 2024

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Notice of adjudication – how important is that? Included in a number of jurisdictional challenges to an adjudication award was a claim that the notice of adjudication was defective, in not complying with the...more

Vinson & Elkins LLP

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

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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

BCLP

EPC Contracts and NEC

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An article on NEC's practice note explaining how the NEC4 Engineering and Construction Contract can be adapted for use as an engineering procurement and construction (EPC) contract. NEC has recently published a practice...more

Bricker Graydon LLP

Contracting with architects and engineers - New exception to QBS!

Bricker Graydon LLP on

A review of the statutory qualifications-based selection process and a new exception to the process - Ohio public entities are required to follow a qualifications-based selection (QBS) process when hiring an architect,...more

Bricker Graydon LLP

Contracting with architects and engineers - What’s required today?

Bricker Graydon LLP on

A review of the statutory qualifications-based selection process and when it is required - Ohio public entities are required to follow a qualifications-based selection (QBS) process when hiring an architect, engineer or...more

White & Case LLP

Advance payment guarantees: three unsuccessful attempts to prevent encashment

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Advance payment guarantees are commonly used in the construction industry. However, successful challenges to a demand made under an advance payment guarantee appear to be less common. This article looks at three recent cases...more

White & Case LLP

Construction contracts: ambiguities in remeasurement provisions

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Remeasurement provisions are commonly used in construction and engineering contracts where there is uncertainty as to the quantity of work to be performed by the contractor. Remeasurement may be desirable in these situations,...more

White & Case LLP

Shifting foundations: amendments to ground conditions clauses

White & Case LLP on

Amending standard forms of construction and engineering contracts to change the risk level between the parties is a perennial issue. This, however, can lead to disputes due to amendments not clearly reflecting the intention...more

White & Case LLP

Allocation of Risk in Construction Contracts (Updated)

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Risk in construction contracts - 'Risk', in a project delivery context, can be defined as 'an uncertain event or set of circumstances that, should it occur, will have an effect on the achievement of one or more of the...more

Buckingham, Doolittle & Burroughs, LLC

Dear YouDig? Overcoming FORO (Fear of Rip Off)

Dear YouDig?, I admit it. As an engineer I like to tinker. A few months in to a factory project our team tinkered up a change in the materials and the delivery system that would save the owner a bucket of money for just a...more

Bradley Arant Boult Cummings LLP

Federal Court Rules Contractor Is Not Intended Third-Party Beneficiary under Owner-Engineer Agreement

In March, a Massachusetts federal court addressed whether a design-builder contractor could recover for breach of contract under an intended third-party beneficiary theory against a design firm hired by the project owner to...more

BCLP

Time bars under FIDIC 2017 – are more notices the answer?

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Construction and engineering contracts often contain provisions specifying that, within a particular time, one party (traditionally the contractor) must notify the other (the employer and/or the contract administrator) of a...more

Carlton Fields

District Court Refuses To Bind Surety To Subcontract Arbitration Clause

Carlton Fields on

An engineering company was hired to perform work in connection with construction and renovation of the South African Embassy, and subcontracted for sheet metal work with a third party. The subcontract contained an arbitration...more

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