News & Analysis as of

Risk Management Subcontractors

Ward and Smith, P.A.

Risk Reduction Strategies for Construction Contractors in North Carolina

Ward and Smith, P.A. on

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,...

Five of the Most Common Construction Disputes that Require Construction Lawyers

Construction projects are often complex endeavors involving multiple parties, intricate contracts, and significant investments. Despite meticulous planning, disputes can arise, posing challenges that require legal expertise...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

Mintz - Antitrust Viewpoints

Federal Agencies Take Sweeping Action on AI in Accordance with AI EO — AI: The Washington Report (Part 1 of 2)

President Joe Biden’s October 2023 Executive Order on AI directed agencies to institute a significant number of actions on AI. On April 29, 2024, the White House announced that federal agencies had completed “all of the...more

Ankura

Project Delivery With Building Information Modeling (BIM): Challenges and Risk Mitigation – Part II

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Whether you are an owner, design professional, design consultant, construction manager (CM), general contractor (GC), or subcontractor, it is almost inevitable that you will encounter the use of building information modeling...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Industry Insights, Issue 3, March 2024

Welcome to our third issue of 2024 for our construction industry insights e-newsletter - The Site Report. In honor of last week’s Women in Construction Week, last Friday’s International Women’s Day, and Women’s History...more

Mayer Brown

Legal Developments in Construction Law: February 2024

Mayer Brown on

1. "Smash & grab" claim + true value claim = one adjudication dispute, or two? A subcontractor resisting enforcement of an adjudication award claimed that the adjudicator had exceeded their jurisdiction....more

McCarter & English Blog: Government Contracts...

DoD’s Proposed CMMC Rule: Groundhog Day… or a Final Rule in the Works?

On December 26, 2023, the Department of Defense (“DoD”) belatedly gifted defense contractors and subcontractors a Proposed Rule on the Cybersecurity Maturity Model Certification (“CMMC”) Program. DoD also released eight CMMC...more

Mitratech Holdings, Inc

5 GRC Trends and Resolutions for a More Secure 2024

Elevate your resilience in the new year by understanding top GRC trends, patterns, and best practices across AI, TPRM, cyber risk, and more. As we step into 2024, technological advancements and an increasingly connected —...more

Morrison & Foerster LLP - Government...

An Overview Of The Defense Department’s Long-awaited Proposed Regulations For Its Cybersecurity Maturity Model Certification...

The U.S. Department of Defense released a special holiday treat for government contractors and subcontractors last week in the form of long-promised proposed regulations for its Cybersecurity Maturity Model Certification...more

Morrison & Foerster LLP - Government...

The FAR Council’s Proposed Cybersecurity Overhaul: Lots Of Questions, But Only Some Answers

In what can best be described as a tsunami of cybersecurity regulation, the Federal Acquisition Regulation (FAR) Council—consisting of the Department of Defense (DoD), General Services Administration (GSA), and National...more

Ankura

OCR Settlement of HIPAA Violation of Business Associate

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On May 16, 2023, the U.S. Department of Health and Human Services (DHHS) through the Office for Civil Rights (OCR) announced a settlement of potential violations of the Health Insurance Portability and Accountability Act...more

BCLP

Risk Mitigation in a Volatile Price Market

BCLP on

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

Pillsbury - Policyholder Pulse blog

Subrogation 101 (and Why Should I Care?)

What is subrogation? Why am I being asked to waive it? Should I care? To answer that last question, let’s take a quick run at the first two. What Is Subrogation? “Subrogation” refers to the act of one person or party standing...more

Saul Ewing LLP

Failure to Provide Contractual Notices Dooms Claims of Subcontractor Impacted by Supply Chain Disruptions

Saul Ewing LLP on

A recent decision resolving a dispute arising from pre-pandemic supply chain issues that delayed construction of a wind farm in Illinois illustrates the ever-present risks posed by supply chain disruptions and provides a...more

Ankura

Outsourcing Services: An Increasingly Common Origin for Insider Threats in the Supply Chain

Ankura on

On May 10, 2022, a former Coca-Cola chemist was sentenced to 14 years in prison for selling trade secrets to a Chinese government-backed corporation. This example demonstrates the way the supply chain increasingly presents...more

Miles Mediation & Arbitration

Navigating Construction Issues During Covid-19

Every facet of the construction industry has been impacted by COVID-19.  Commercial and residential contractors of all types and sizes have felt the pain which COVID-19 has caused to the construction industry.  The pressures...more

Bradley Arant Boult Cummings LLP

An Insurer’s Duty to Defend does not Extend to a Construction Claim that Falls Clearly Within a Policy Exclusion

Like most states, Florida follows the rule that an insurer’s duty to defend is separate from and broader than its duty to indemnify for a potentially covered occurrence. Last week, in South Winds Construction Corp. v....more

Buckingham, Doolittle & Burroughs, LLC

Dear YouDig? To mask or not to mask

Dear YouDig?, Ok… this is getting ridiculous. We are a subcontractor working on a project for an “essential business.” We have emphasized the safety and government guidelines to our team members in light of COVID-19. To a...more

Schwabe, Williamson & Wyatt PC

COVID-19: Preserving Your Payment Rights through Lien and Bond Claims

The COVID-19 pandemic has caused more than just health concerns for our community—it has also created significant economic concerns. Jobsites are shutting down across the country and contractors are afraid that project...more

Rivkin Radler LLP

Protect Your Construction Project from Problems Related to Coronavirus

Rivkin Radler LLP on

The impact of COVID-19 on construction and development is evolving each and every day. Issues have arisen, and will continue to arise, with respect to maintaining project schedules, safety concerns, and learning of and...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

Holland & Knight LLP on

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

Buckingham, Doolittle & Burroughs, LLC

Dear YouDig? You Can’t Always Get What You Want

Dear YouDig?, We were just hired to construct part of a stage and sound system for a concert by the management team of a famous rock n’ roll group that is coming to Ohio this summer (we can’t name the band but it sounds...more

Vinson & Elkins LLP

GAO Urges DOD To Systematically Assess Fraud Risks Related to Contractor Ownership

Vinson & Elkins LLP on

On November 25, 2019, the Government Accountability Office (“GAO”) published a report examining the financial and nonfinancial fraud and national security risks to the Department of Defense (“DoD”) when contractors employ...more

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