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Force Majeure Clause Construction Contracts Contract Terms

Seyfarth Shaw LLP

Allocating the Risk of Tariff Price Increases

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As the Trump Administration’s tariffs are now in effect, owners, developers, and contractors managing pending construction projects face questions about who is ultimately responsible for impacts (both time and cost) resulting...more

Womble Bond Dickinson

Mastering Real Estate Acquisition for Data Centers: Guidelines from Womble Bond Dickinson

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Womble Bond Dickinson Partners Kristen Thall Peters, Tara Gorman, and Jeff Golimowski, members of the Womble Data Center Team provide guidance for data center developers acquiring real estate....more

Gray Reed

A Brave New World – Tariffs and Force Majeure

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My colleague (Graham Quinn) recently wrote an article about the potential financial impact of the impending steel and aluminum tariffs on the construction industry.  See hyperlink: The Impact of President Trump’s Steel and...more

Vinson & Elkins LLP

Once More Unto the Breach: Navigating Supply Chain Disruption Amid the Trade Wars – a Construction Contract Checklist

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The tectonic plates have shifted once again, this time with trade tariff announcements from the incoming Trump administration, sowing the seeds for another potential supply chain disruption event. In times like these owners,...more

Stoel Rives -  Ahead of Schedule

Follow-Up: Should Attorneys Use Artificial Intelligence to Draft a Construction Contract?

Over this past summer, our colleague Mario R. Nicholas penned an article for the Daily Journal of Commerce entitled “Can Artificial Intelligence Be Trusted to Draft a Construction Contract?”  It is a great read, and we borrow...more

Venable LLP

Construction Industry Concerns Resulting from Dangerous Air Infiltrating into New York Region

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The New York region has experienced some of the worst air quality in the world as a result of the recent Canadian wildfires that continue to rage out of control, something weather forecasters believe will become more common...more

Bradley Arant Boult Cummings LLP

Contextual “Construction” of Force Majeure Clauses

The Texas Supreme Court recently provided new guidance in interpreting force majeure language in an oil and gas drilling dispute. In Point Energy Partners Permian, LLC v. MRC Permian Company, the court held that the oil and...more

BCLP

Renewable Energy Case Update 2022

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As we enter 2023, we reflect on 2022 as another dynamic year in the renewables and clean energy market. The Renewables and Clean Energy team at BCLP has undertaken a review of judicial decisions reported in 2022 involving the...more

Akerman LLP

Tips for Responding to a Notice of Construction Delay Arising From a Hurricane

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Hurricane Ian’s unprecedented size and strength is taking a major toll on the state of Florida and other areas in the southeast United States, which is likely to cause impacts to the construction industry. Akerman attorneys...more

Stoel Rives -  Ahead of Schedule

War-fueled Construction Cost Increases May Warrant Look at Force Majeure

The Russian invasion of Ukraine and economic sanctions imposed by countries around the world in response have disrupted supplies of fuel, steel, and other materials necessary for construction. This has resulted in price...more

Williams Mullen

Material Price Escalation: Workable Compromises Versus Traditional Allocation of Risk Expectations

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Rapid material price escalation is a costly reality of today’s construction industry. How long this escalation will be a reality is anyone’s guess. In the meantime, there are workable solutions; but those pressing for...more

Stinson LLP

Material Cost Escalation: Who Bears the Cost Now? And, What Can Be Done to Address the Problem in the Future?

Stinson LLP on

While an increase in construction costs for materials is not new to the industry, the extent of the cost increases during this COVID-19 time may be beyond anyone's experience. Prior to COVID-19, material costs have spiked for...more

White and Williams LLP

Five Frequently Overlooked Points of Construction Contracts

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There is no shortage of articles addressing the key points of construction contracts. Just enter that phrase into any internet search engine and you will find plenty. It should go without saying that a construction contract...more

Cohen Seglias Pallas Greenhall & Furman PC

Spring Cleaning: Review Your Contracts to Account for Ongoing COVID-19 Concerns

At this point, avoiding the cliché is, well, unavoidable. We are now past the one-year mark of the COVID-19 pandemic and much has changed. You don’t need a construction attorney to tell you so. While things have changed, we...more

Ward and Smith, P.A.

Construction Conference Roundup: Roundtable Session Covers Employment Contracts, PPP Documentation, How To Vet Private...

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The roundtable Q&A session in Ward and Smith’s virtual 2020 Construction Conference covered a range of issues, from employment matters to vetting private clients, based on questions from attendees. Ward and Smith attorneys...more

Stoel Rives -  Ahead of Schedule

Pandemic Creates Cause to Rethink Overlooked Contract Provisions

The last time my byline appeared in this column, we were just a few weeks into the government-ordered lockdown, and I pondered whether construction projects could — or should — continue. In the year since, the construction...more

Gray Reed

Excusable Delay and Builder’s Risk: A Reminder to Weatherproof Your Contracts

Gray Reed on

The winter storm that brought snow, freezing temperatures, power outages, frozen water lines and bursting pipes to Texas, shutting down most construction projects in the process, forced many contractors and owners to take a...more

Dorsey & Whitney LLP

Suez Canal Blockage to Cause Lasting Construction Delays and Owner-Contractor Disputes

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The six-day saga of the Ever Given came to an end on the afternoon of Monday, March 29, when the 1,300-foot cargo ship was finally dislodged from the banks of the Suez Canal. However, with over 300 ships waiting for passage...more

PilieroMazza PLLC

COVID-Related Construction Claims: 4 Key Strategies for Recovery

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The construction industry has seen increased costs and contract performance concerns resulting from the impacts of COVID-19. For construction firms contracting with the government, it is critical to understand how to positon...more

Gould + Ratner LLP

Best Practices for Coping With Project Modifications, Suspension and Termination During the Age of COVID-19

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As the COVID-19 pandemic continues, owners and developers find themselves facing the prospect of continued project disruptions. While almost every governmental shutdown order has allowed construction activities to continue as...more

Troutman Pepper Locke

Level 10 Construction v. Sea World LLC: Can Force Majeure Save Sea World?

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On June 8, 2020, Level 10 Construction, LP (“Level 10”), a construction company hired by Sea World San Diego (“Sea World”), filed a Complaint in California federal court alleging that Sea World is withholding over $3.2...more

Hogan Lovells

Force majeure claims in future waves of COVID-19: four key actions

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As countries emerge from lockdown, talk turns to The Return of COVID-19. Here’s how to succeed in future force majeure claims and stop your projects from becoming what sounds like a second-rate horror movie....more

Akerman LLP

COVID-19 Related Renovations: Key Terms Owners Should Include in All Construction Contracts

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As businesses begin to reopen following the COVID-19 shut down of 2020, it is clear that the "business as usual" model will no longer work. Rather, companies have had to make changes not only in their policies and practices,...more

Jones Day

Construction Projects and Disputes: A Look Beyond the Lockdown, Part III

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[co-author: Juan Huertas] Even as the world gradually eases out of lockdown, deals are rekindled and services are remobilized, no one doubts that the impact of the pandemic will continue to be felt for months and, some...more

Faegre Drinker Biddle & Reath LLP

Unknown Territory: Allocating Risk in International Construction Contracts in the Time of COVID-19 and Beyond

COVID-19 has impacted international construction projects in historic and largely unanticipated ways. Construction workforces have evaporated under enforced stay-at-home orders and concerns about worker and societal health...more

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