The Importance of Assessment Areas
Managing High Performers: Top Gun Maverick – Hiring to Firing Podcast
Managing Perfectionism: The Devil Wears Prada - Hiring to Firing Podcast
Governance Series: Common Board Challenges and Tips for Dealing with Them
Governance Series: A Good Hospice Board in Action - What it Looks Like
Force Majeure Provisions During the COVID-19 Pandemic
Key Performance Indicators for the Legal Department
Value-based health care: issues for pharmaceutical companies
In this article for Construction News, Louise Woods, Ciara Ros, and Lauren-Emma Parrott look at the FIDIC Silver standard form contract, and the key issues to consider in respect of bonds and guarantees when entering into, or...more
In a significant ruling, the Armed Services Board of Contract Appeals "(Board)" denied a government motion to dismiss claims from McCarthy HITT - Next NGA West JV, a joint venture under contract with the US Army Corps of...more
Liquidated damages provisions are commonplace in construction contracts. One would think that given the strong Texas public policy favoring freedom of contract, bargained for liquidated damages would be easily enforceable in...more
Generally, an “accord and satisfaction” is an agreement between two or more contracting parties to accept an alternate agreement and performance in lieu of a preexisting contractual duty between the parties. The new agreement...more
Those of us of a certain age recall the phrase "reading the Riot Act" as a stern warning or dressing down. Someone chewed out by a parent or a boss at work would be said to have been "read the Riot Act." The history and...more
It has been months since you have been paid and the general contractor or the owner continues to demand that you perform extra work, perform in changed conditions or work on a compressed timeline with no promise of payment in...more
What’s a goocher? If you saw the movie, Stand By Me, then you know exactly what I mean. And there are times when parties to a construction contract face a goocher. ...more
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
[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
Construction industry members — including owners, developers, contractors, subcontractors and supply chain vendors — have experienced varying degrees of impacts as a result of the COVID-19 pandemic. The nature of the impacts...more
The coronavirus (COVID-19) pandemic has shut down non-essential construction projects in numerous states, and has severely delayed or otherwise impacted construction in almost every other state. These delays and impacts may...more
As we began to describe on March 18, the economic impacts of the ongoing coronavirus/COVID-19 pandemic on the construction industry are becoming more severe as the pandemic continues on and spreads. Substantial uncertainty...more
Owners and contractors trying to understand the full impact of COVID-19 on their projects are likely turning to delay or force majeure provisions in their construction contracts to assess their rights or liabilities for...more
Over the past month, states and municipalities have been issuing stay-at-home orders to slow the spread of COVID-19. Depending upon the locality, certain types of construction projects have been deemed “essential” and...more
When trying to understand the full impact of COVID-19 on existing contractual obligations, parties will likely first consult force majeure provisions in their contracts to assess their rights or liabilities for continued...more
In view of the impact of the COVID-19 pandemic on the economy, companies involved in construction projects are increasingly concerned about the legal consequences of the current situation with regard to contract deadlines and...more
Many people in the construction industry believe the force majeure clause waives the requirement for making a claim for an extension of time. This belief, however, is incorrect at least under the A201. If your project is...more
COVID-19 has created a severe disruption to the construction industry. Certain jurisdictions, including Boston, San Francisco and Pennsylvania, have placed restrictions on construction projects deemed “nonessential” and...more
While this coronavirus event grips the nation, contractors and subcontractors are asking whether this qualifies as a force majeure or changed condition event. We think it qualifies as both. When you bid and signed your...more
A key tool in mitigating the risks due to unforeseen events is the force majeure clause contained in many commercial and other types of contracts. In various states, including Maryland, residential and commercial construction...more
Construction project impacts from the COVID-19 pandemic are far-reaching and continuing to evolve. While every project must be considered individually, below are some issues for construction project team consideration....more
Across the country, construction projects are closing down as a result of the Coronavirus (COVID-19) pandemic. Contractors are leaving the sites and providing notice that a force majeure event has occurred. Specifically,...more
State and local governments are taking aggressive actions to contain the COVID-19 virus by limiting the number of people exposed. ...more
The outbreak of COVID-19 has challenged businesses across the board in unprecedented ways. Major conferences and events have been cancelled, restaurants across the country are closing down, and supply chains have been...more
With each passing day, the number of COVID-19 cases continues to rise and jurisdictions across the world are working hard to contain the contagion. People are rightly concerned about the impact that COVID-19 will have on...more