News & Analysis as of

Performance Standards Construction Industry

Vinson & Elkins LLP

Avoiding Performance Security Pitfalls with the FIDIC Silver Book

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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

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

Porter Hedges LLP

Tips on Drafting Enforceable and Effective Liquidated Damages Provisions Under Texas Law

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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

DarrowEverett LLP

AIA Contracts are Especially Best Measured Twice and Cut Once

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In fast-paced industries such as the construction industry, it is easy to assume that standardized form contracts provided by the American Institute of Architects (“AIA”) will prevent, rather than cause, problems further down...more

Bradley Arant Boult Cummings LLP

Accord and Satisfaction: To Release, or Not Release? That is the Question.

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

StoneTurn

The Parallels Between Winning Sports Teams and Successful Construction Projects

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It can be argued that the fall is the best time to be a sports fan – summer sports are reaching their peak and teams are preparing for a late playoff run, while fall sports are just getting started and fans are enjoying a...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

Holland & Knight LLP

A Look at COVID-19 Impacts on the Construction Industry

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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

Jones Day

Construction Projects and Disputes: A Look Beyond the COVID-19 Lockdown

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The impact of COVID-19 on construction projects will vary significantly from jurisdiction to jurisdiction depending on a myriad of factors, including the severity of the pandemic, the nature and significance of government...more

ArentFox Schiff

The Effects of COVID-19 on Construction Project Completion and Mechanic Lien Filing Deadlines

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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

Partridge Snow & Hahn LLP

A Force Majeure Trap Within Construction Contracts

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

Porter Hedges LLP

Is The Coronavirus Event A Force Majeure Or Changed Condition Event?

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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

Miles & Stockbridge P.C.

Force Majeure Clauses and Construction Contract Issues Related to COVID-19

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

Woods Rogers

Construction Project Team Considerations Regarding COVID-19

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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

Fox Rothschild LLP

Questions Raised By Coronavirus Construction Delays

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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

Kilpatrick

Excused Non-Performance-Governments Order Construction to Halt Amid COVID-19 Outbreak

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State and local governments are taking aggressive actions to contain the COVID-19 virus by limiting the number of people exposed. ...more

Nutter McClennen & Fish LLP

Force Majeure Events in the Midst of COVID-19

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

Eversheds Sutherland (US) LLP

COVID-19 checklist for real estate and construction projects

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

Brownstein Hyatt Farber Schreck

What Are Parties’ Rights Under the AIA Owner-Contractor Agreements in the Event of a Coronavirus Pandemic?

Needless to say, a coronavirus pandemic (or even the threat of such a pandemic) could have significant impacts on ongoing construction projects. A potential or actual pandemic could dramatically affect the labor force and...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

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