News & Analysis as of

Construction Contracts Coronavirus/COVID-19

Schwabe, Williamson & Wyatt PC

SBA Extends Moratorium on Bona Fide Place of Business Rule

June 14, 2024 Industry Group Leader On June 11, the Small Business Administration announced that it was extending the moratorium on the application of the bona fide place of business rule for 8(a) construction contracts to...more

Seyfarth Shaw LLP

Don’t Leave Me Twisting in the Wind: ASBCA Paves Way for Potential Subcontractor Recovery for Pandemic-Related Claims

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In a significant ruling, the Armed Services Board of Contract Appeals "(Board)" denied a government motion to dismiss claims from McCarthy HITT - Next NGA West JV, a joint venture under contract with the US Army Corps of...more

Bradley Arant Boult Cummings LLP

Court Rejects Contractor’s Claim That COVID-19 Rendered Performance Impossible

A fundamental premise of contract law is that promises must be kept. If legally enforceable promises or “contracts” are not kept, courts may step in to enforce them by ordering performance, awarding damages, or granting some...more

PilieroMazza PLLC

Construction Contractor Wins COVID-Related Construction Claim on Appeal: Lessons Learned

PilieroMazza PLLC on

Since the beginning of the pandemic, boards and courts have denied a vast majority of construction claims seeking pandemic-related costs under fixed-price contracts. In this blog, PilieroMazza summarizes a recent claim where...more

Holland & Knight LLP

SBA Extends Moratorium on Bona Fide Office Requirements for 8(a) Construction Contracts

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The U.S. Small Business Administration (SBA) announced on Aug. 21, 2023, that it was extending its moratorium on the application of the "bona fide office" requirements for construction contracts under its 8(a) Business...more

Stark & Stark

Pre COVID-19 Construction Cost Estimates Are Likely Outdated

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In New Jersey (and virtually all other states), construction defect cases for common interest community associations are heavily reliant on expert witnesses. Even if a building system is obviously defective — in that windows...more

Adams and Reese LLP

Emerging Trends in Construction Defect/Product Liability for Manufacturers

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There are several emerging trends in 2023 concerning construction component manufacturers. 1. Tendering to and/or Adding Subs and Suppliers to Claims/Cases/Matters The most notable trend specific to manufacturers is...more

American Conference Institute (ACI)

[Event] Managing Risk in Construction Contracts & Projects – Western Canada Edition - January 25th - 26th, Edmonton, Canada

The Canadian Institute’s 15th Annual Conference on Managing Risk in Construction Contracts & Projects, Western Canada Edition is returning to Edmonton on January 25-26, 2023. This two-day conference is specifically...more

King & Spalding

COVID as a Force Majeure Event - An Interesting and Unexpected Development in Singapore

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The Appellate Division of the Singapore High Court recently provided the construction industry with interesting, and somewhat unexpected, guidance regarding COVID as a force majeure event in the context of construction...more

Snell & Wilmer

Managing Market Volatilities in Your Construction Contract

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At the beginning of the COVID-19 pandemic, supply chain challenges caused production and transportation delays, as well as price increases, for construction materials. At that time, many contractors looked to include...more

Kilpatrick

8 Key Takeaways | Hot Topics in Construction Contracting

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Partner Brian Gaudet recently presented on “Hot Topics in Construction Contracting” at the Association of Corporate Counsel Houston Chapter Meeting. With the continuing impact of Covid-19, the supply chain crunch, world...more

Kilpatrick

8 Key Takeaways - Hot Topics in Construction Contracting

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Kilpatrick Townsend Partner Brian Gaudet recently presented on “Hot Topics in Construction Contracting” at the Association of Corporate Counsel Houston Chapter Meeting. With the continuing impact of Covid-19, the supply chain...more

Miller Nash LLP

Shared Savings Clauses: Contracting for Cooperation Rather Than Confrontation

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More than two years removed from the first reported case of COVID-19 in the United States, the construction industry continues to cope with the pandemic’s lasting effect on the costs of new construction projects. These...more

Buchalter

Tongue Twister: Commander Closes Construction Site for COVID and Contractor Can’t Recover Contract Costs

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Last month, the Armed Services Board of Contract Appeals held that a public contractor could not recover $100k in construction costs incurred following the government’s decision to close down a base in Tennessee due to...more

Morrison & Foerster LLP

Quarterly Cartel Catch-Up: Recent Developments in Criminal Antitrust for Busy Corporate Counsel - Q1 2022

Since the last edition of the QCC, there has been a series of dramatic developments in the criminal antitrust enforcement space in the U.S. from the Department of Justice’s Antitrust Division (Division)....more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Law Insights: Issue 3, 2022

Change in “Pay When Paid” Provisions for VA Public Contracts "An Act to amend and reenact §§ 2.2-4354 and 11-4.6 of the Code of Virginia, relating to contracts; payment clauses to be included; right to payment of...more

Cole Schotz

Is Your Contract Ready for the Ongoing Impact of COVID?

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The COVID-19 pandemic has lasted two years, and while offices, projects, and the rest of life begin to return to pre-pandemic normal, the construction material supply chain and costs have not. In fact, it appears as though...more

White & Case LLP

Key considerations for project owners in the construction of design-led projects in Saudi Arabia

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A number of iconic, large-scale construction projects are currently in development as part of the Kingdom of Saudi Arabia's Vision 2030 − an ambitious strategic blueprint for the creation of a more diverse and sustainable...more

Cohen Seglias Pallas Greenhall & Furman PC

2022 Construction Forecast: Another Year of Recovery—and Challenges

As we embark on 2022, the world continues to weather the ongoing effects of the COVID-19 pandemic. For the construction industry, the pandemic has spurred certain unique and daunting challenges that are, by now,...more

Woods Rogers

COVID-19: Fatigue Remains, But Ignore the Global Situation at Your Peril

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The COVID-19 pandemic’s duration is approaching the two-year mark, leading to significant “COVID Fatigue” for everyone. However, the recent spike in confirmed cases makes ignoring the potential impact globally on business...more

Allen Matkins

Current and Future Trends for Development, Permitting, and Construction During and After the Pandemic

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Allen Matkins recently held its 14th Annual View From the Top. Allen Matkins partner Mark Hartney moderated a discussion on current and future trends for development, permitting, and construction, with a special focus on how...more

Winthrop & Weinstine, P.A.

Price Escalation in Construction Projects: How to Protect Your Interests

The COVID-19 pandemic has had implications that no one ever expected (toilet paper shortage anyone?). Added to the ever growing list of unanticipated consequences: price escalation in construction projects....more

White & Case LLP

Managing construction risks in Asia-Pacific: Australia

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Australia is a highly advanced mixed economy, but investors – often drawn to the country's economic stability and resilience – should be aware of certain clauses that typically appear in construction contracts. Australia...more

Seyfarth Shaw LLP

COVID-19 Riders for Construction Change Orders

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The cost and time to perform change order work may increase as a result of COVID-19 impacts that arise after the change order is agreed upon. The Contractor can include contingencies for that risk in its lump sum pricing, but...more

Ward and Smith, P.A.

Government Relations and Employment for the NC Construction Industry

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This is the first in a series of articles summarizing key topics discussed at Ward and Smith's 2021 Construction Conversations Webinar. Members of Ward and Smith's Government Relations and Labor and Employment teams...more

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