News & Analysis as of

Tariffs Contract Disputes

Benesch

INCOTERMS - More Relevant to Procurement and Sales Than Ever Before

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The INCOTERMS published by the International Chamber of Commerce (ICC) have long served the international community by offering a “shorthand” for communicating key shipping terms. The ICC most recently issued the 2020 version...more

Cohen Seglias Pallas Greenhall & Furman PC

For the Construction Industry, Planning Is the Key to Navigating Tariffs

When contemplating advice for contractors or suppliers trying to navigate the current tariff environment, I find President Dwight D. Eisenhower’s wartime advice insightful, “In preparing for battle I have always found that...more

Dorsey & Whitney LLP

Navigating Tariff Risks in Construction Contracts

Dorsey & Whitney LLP on

In recent months, changes to tariff laws have had a significant impact on the construction industry. With looming disruptions to global supply chains and material costs rising, there are a number of commercial and legal...more

Troutman Pepper Locke

Fifth Circuit Finds ANR Pipeline’s Tariff Does Not Require Simultaneous Delivery for Short-Notice Shipments

Troutman Pepper Locke on

On May 22, 2025, the U.S. Court of Appeals for the Fifth Circuit (“Fifth Circuit”) addressed a dispute between ANR Pipeline Company (“ANR”) and FERC. The case centered on the interpretation of ANR’s tariff and whether it...more

Vedder Price

Tariffs and Commercial Contracts: When Is Nonperformance Excused, and When Is It a Breach?

Vedder Price on

In recent weeks, the Trump Administration has imposed sweeping tariffs on U.S. trading partners, based on the country from which the goods are exported and the type of goods imported. For parties to commercial contracts for...more

K&L Gates LLP

Tariffs & Supply Chains: An English Law Perspective on Contractual Levers You May Have (or Want)

K&L Gates LLP on

These are challenging times for supply chains. In recent months, the US government has announced, reversed, delayed, adjusted, and enacted a series of tariffs on imports to the United States from a long list of countries;...more

Allen Matkins

How are developers navigating uncertainty related to tariffs?

Allen Matkins on

“Tariffs are only part of the uncertainty in the market right now. Many clients, even those with entitled projects, have told me over the past several months that they were pausing on new construction due to interest rate...more

Moore & Van Allen PLLC

MVA Supply Chain Brief: What Terms Govern?

Moore & Van Allen PLLC on

In this second installment of MVA’s Supply Chain series on tariffs, we examine a fundamental question in the determination of which party to a contract is responsible for paying tariffs on goods imported into the United...more

Akerman LLP

Tariff Troubles: Analyzing Construction Contracts in the Current Market

Akerman LLP on

2025 brought with it many new tariffs, and those tariffs seem to be changing on a near-daily basis. Given this, many in the real estate industry are understandably apprehensive about beginning new projects. Many more are...more

Knobbe Martens

How New U.S. Tariffs Could Reshape Patent Litigation in the Medical Device Industry

Knobbe Martens on

As the U.S. imposes sweeping new tariffs on over 180 countries and territories—including a baseline 10% rate and steep increases for China (originally 145%, now reduced to 30% for 90 days) and Taiwan (32%, now reduced to 10%...more

Seyfarth Shaw LLP

Tariff Turbulence: Navigating Force Majeure Risks in Texas Oil and Gas Contracts

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Upstream oil and gas producers and oilfield service companies are facing new uncertainties from recently imposed federal tariffs. In early 2025, the US expanded tariffs on a broad range of imports, suddenly increasing costs...more

Pillsbury Winthrop Shaw Pittman LLP

Navigating Tariff Developments in Government Contracting

Recent changes in U.S. trade policy necessitate a thorough understanding of FAR and DFARS clauses related to cost recovery, duties and taxes....more

Gray Reed

Understanding Lumber Tariffs: What Texas Contractors Need to Know

Gray Reed on

In the face of increased tariffs, including a 14.38% tariff on Canadian lumber, the lumber market is undergoing developments that could have substantial implications for construction projects across Texas. It is important to...more

Cohen Seglias Pallas Greenhall & Furman PC

[Webinar] Construction Contracts Q&A: Tariffs, Escalation and Other Clauses - May 15th, 12:00 pm - 1:00 pm ET

With new tariffs, trade tensions and rising material costs reshaping the construction landscape, many contractors and owners are unsure how to protect their contracts—and what to expect next. Join members of our...more

Stevens & Lee

Seeking Equitable Adjustments in New Jersey Public Contracts: How Proposed 2025 Tariffs Could Trigger Relief

Stevens & Lee on

President Donald Trump has announced tariffs on approximately 60 countries, including the United States’ three largest trading partners, China, Canada and Mexico. As a part of these tariffs, goods imported from Mexico and...more

Holland & Knight LLP

Commercial Impracticability and Frustration of Shipping Agreements in Uncertain Times

Holland & Knight LLP on

The U.S. Trade Representative (USTR) announced a notice of action on fees for operators of Chinese-built ships and vessel owners and operators of China after it issued a proposed notice with fees and restrictions on maritime...more

Porter Hedges LLP

How do you solve a problem like a tariff? Understanding and addressing tariff risks in construction contracts.

Porter Hedges LLP on

Since February 2025, numerous tariffs affecting the construction industry have been announced, imposed, and paused. These tariffs present a problem for parties drafting and negotiating construction contracts—namely how to...more

Foley & Lardner LLP

What Every Multinational Company Should Know About…Tariff Strategies for Sell-Side Contracts

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Assessing Tariff Impacts in Commercial Contracts - With the size and scope of President Trump’s tariffs continuing to shift, this is a critical time for businesses to assess their contracts and determine how increased...more

Hanson Bridgett

Protecting Your Bottom Line: Adjusting Supply Chain Contracts to Mitigate Tariff Impacts

Hanson Bridgett on

Recent shifts in international tariff policies have created significant uncertainty for US importers. As a buyer, revisiting your supply contracts now can help safeguard your business from unexpected costs and disruptions. ...more

Vinson & Elkins LLP

The Ripple Effects: Understanding The Potential Commercial Litigation Impact Of New Tariffs

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Not long after starting his second term, U.S. President Donald J. Trump announced tariffs on numerous imports from some of the nation’s major trading counterparties, with tariff amounts varying depending on the country and...more

Hahn Loeser & Parks LLP

Dealing with Tariffs and Executive Orders (Properties Magazine)

The year 2025 is shaping up to be quite the challenging year for the construction industry. From the President’s executive order nos. 14151 and 14174 (signed January 20 and 21, 2025, respectively) seeking to end DEI-related...more

J.S. Held

Tariffs and Trade Series: Addressing Impacts on the Energy Sector

J.S. Held on

While tariffs have long been a consideration in energy, they have now emerged as a central influence on energy production, commodity pricing, and macroeconomic conditions, resulting in global impacts on energy executives,...more

Morrison & Foerster LLP

Navigating New U.S. Tariffs: Questions to Consider

The current worldwide focus on tariffs, paired with reciprocal tariffs from various affected states, is likely to have significant impact on the costs of cross-border trade. Businesses focused on importing and exporting goods...more

Farrell Fritz, P.C.

Impact of Recent U.S. Tariffs on Material Adverse Change and Force Majeure Clauses

Farrell Fritz, P.C. on

The recent imposition of tariffs by the U.S. government has introduced significant complexities in contractual performance and risk allocation. It is important to assess how these tariffs may influence material adverse change...more

J.S. Held

Strategies to Minimize Impacts of Tariffs on Your Construction Projects

J.S. Held on

This paper is the third installment in a series examining the multifaceted impacts of tariff and trade policies. By delving into the nuances of these policies, we aim to provide valuable insights and perspectives that will...more

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