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Under the guaranteed maximum price (GMP) construction contract delivery method, great care and attention must be given by the owner in setting the GMP, usually done by way of a “GMP Amendment,” following the CM’s submission...more
Drafting and negotiating subcontracts can be tricky for both general contractors and subcontractors. General contractors are caught in between owners and subcontractors as the ones that will be held responsible for the work...more
Over the years, general contractors and commercial developers have debated their rights during a concurrent delay. When a concurrent delay happens, the question arises: should the general contractor receive a) an extension of...more
As an initial primer: tariffs typically work as a tax, charged on goods purchased and imported to the United States from a foreign country. The tariff is charged as a percentage on the price paid for the foreign good. Tariffs...more
For participants in New York’s construction industry, the distinction between possession of supervisory authority, on the one hand, and the exercise of that authority, on the other, may have significant implications for their...more
Subcontractors play a pivotal role in construction projects, providing specialized skills and services essential for bringing projects to fruition. However, with this collaboration comes inherent risks that can significantly...more
The construction industry will continue to face rising material prices, volatile markets and inflation. Disputes go hand in hand with rising prices as projects become much more difficult to complete on time and within budget....more
Most parties on a construction project know that a liquidated damage may be assessed for each day of the delay past a contract completion date. However, in infrastructure and highway contracts, there are many different events...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
In view of the current coronavirus epidemic, what are the implications of material supply chain disruptions and labor unavailability resulting from the epidemic under typical building construction contracts? Although the...more
Design delegation—when a construction contractor assumes responsibility for project design—can expose contractors to increased liability. In this episode, Randy Ruff and Jonathan Mraunac discuss how design delegation can...more
Presented by Cohen Seglias Partner Lane F. Kelman and Associate Matthew R. Skaroff on November 13, 2018. Construction defect cases are complex matters with issues that may ripple through all players on a project. In this...more
Well-drafted, legally-enforceable agreements are key to any construction company’s risk management strategy. This is especially true for subcontracts, which serve as a contractor’s critical tool to coordinate a successful...more