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Risk Management Contract Terms Subcontractors

PilieroMazza PLLC

Top 10 Killer Construction Contract Clauses, Part 1: No Damages for Delay

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Those familiar with the construction industry know that construction projects are seldom, if ever, completed within the time originally anticipated at the project’s outset. Fortunately, prime contractors and lower-tier...more

King & Spalding

Tools of the Trade: Reacting to Government Contract Terminations and Pauses

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On February 26, 2025, Executive Order 14222, Implementing the President’s “Department of Government Efficiency” Cost Efficiency Initiative, was released. This Executive Order (“EO 14222”) states that its purpose is to...more

Blank Rome LLP

What Is DMSMS and What to Do About It?

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What does DMSMS mean? DMSMS stands for Diminishing Manufacturing Sources and Material Shortages. It is the loss or impending loss of manufacturers or suppliers of items, raw materials, or software. In other words, DMSMS...more

Troutman Pepper Locke

The Federal Contractors’ Playbook: Managing Increased Costs From Tariffs and Domestic Material Demands

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Just two months into President Donald Trump’s second term, contractors have been whipsawed by a flurry of executive orders, Department of Government Efficiency (DOGE) directives, and agency actions. This has brought an era of...more

Tannenbaum Helpern Syracuse & Hirschtritt LLP

Tips for Setting the GMP

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

PilieroMazza PLLC

March 2025: Reducing the Negative Impacts of a Government Shutdown for Federal Contractors

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On top of the uncertainty introduced through the Trump administration’s shifting priorities and rapid-fire executive orders, government contractors are now confronted with an impending shutdown as the federal government is...more

Cozen O'Connor

IF IT COMES – Are you ready for another possible government shutdown?

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Given the impending deadline of March 14, 2025, for Congress to pass a budget or another continuing resolution (CR) (and the president signing same), coupled with the recent happenings in Washington, D.C., we thought it would...more

Stoel Rives LLP

Subcontracts: Tips For General Contractors And Subcontractors

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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

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

Seyfarth Shaw LLP

Six Essential Tips for Complying with Defective Pricing Rules in Government Contracting

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In honor of the release of the 6th Edition of the Government Contracts Compliance Handbook, we’re sharing six essential tips for complying with defective pricing rules. Defective pricing, governed by the Truthful Cost or...more

Porter Hedges LLP

How Long Does that “One Year Warranty” Last? Longer than You Might Think

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If you ask owners, general contractors, or subcontractors how long the warranty lasts that they received or gave on a construction project, they will often tell you that they have a “one year warranty.” However, if the...more

Morrison & Foerster LLP - Government...

Better Late Than Never: FAR Council Finally Addresses OCI Rules

On January 15, 2025, the Federal Acquisition Regulation (FAR) Council published a proposed rule overhauling the FAR’s Organizational Conflict of Interest (OCI) provisions. The proposed rule follows a December 2022 law that...more

Gray Reed

Definitions Mattered in Oil Field Master Services Agreements

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MDC Enegy LLC v. Crosby Energy Services Inc. et al. was an indemnity dispute in which the players were many and the facts complicated. But first...more

Wiley Rein LLP

FAR Council Proposes Wholesale Revamp of Organizational Conflict of Interest Rules

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WHAT: On January 15, 2025, the Federal Acquisition Regulatory Council (FAR Council) issued a proposed rule to implement the Preventing Organizational Conflicts of Interest in Federal Acquisition Act (Pub. L. No. 117-324). The...more

Frantz Ward LLP

Offset, Setoff, and State Trends in Withholding Clauses

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States have been slowly clawing back at a higher-tier’s ability to withhold payments owed to its lower-tier subcontractors, aiming to protect subcontractors from undue financial hardship and ensure that payment disputes are...more

Ward and Smith, P.A.

Risk Reduction Strategies for Construction Contractors in North Carolina

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Today's construction environment demands a lot from contractors who are pulled in multiple directions and whose responsibilities may seem limitless. Beyond performing good work, managing and effectively communicating...more

Smith Debnam Narron Drake Saintsing & Myers,...

Managing Subcontractor Risks: A Legal Guide for General Contractors

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

BCLP

Risk Mitigation in a Volatile Price Market

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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

Farella Braun + Martel LLP

Coronavirus and Construction Contracts: Who Bears The Risk?

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

Holland & Knight LLP

Contractors Should Prepare for the Coronavirus

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With the novel coronavirus (COVID-19) spreading outside of China at an ever-increasing rate, government contractors should prepare for possible service and payment interruptions. In addition, the administration is considering...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

How Contractors Become Responsible For Project Design

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

Bradley Arant Boult Cummings LLP

A Dangerous Myth: That a Great Subcontract Will Prevent Claims on a Poorly-Executed Project - Construction and Procurement Law...

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

Buchalter

Additional Insured Status: Playing The Speak-Out Game On A Construction Project

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Last weekend we played Speak-Out: Kids versus Parents, a game where you use a plastic thingy to obstruct your speech capabilities.  The winning team is the one that guesses the most phrases.  Reading and understanding an...more

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