Work This Way: A Labor & Employment Law Podcast - Episode 28: Construction Compliance with Joan Moore and Mim Munzel of The Arbor Consulting Group
DE Under 3: OFCCP’s New Revisions & Additions to its Construction Contractor Compliance Audit Tools
Residential Contractor Boot Camp
DE Under 3: OFCCP Resurrects Proposal for Monthly CC-257 Employment Utilization Reports for Construction Contractors
DE Under 3: FAR Council Issued Final Rule Requiring Unionized Workforces on Large Federal Construction Projects
Podcast: Owner’s Outlook: Managing Risks in an Ever-Changing Construction Environment - Diagnosing Health Care
Clocking in with PilieroMazza: DOL Finalizes Landmark Changes to Davis-Bacon Act: What Federal Construction Contractors Need to Know
Construction Roundtable: Top 4 Legal Risks for Federal Construction Contractors
Podcast: Owner's Outlook: National Trends in Construction Claims - Diagnosing Health Care
4 Key Takeaways | The Future of Construction, Infrastructure and Energy Disputes in the Endemic Age
Podcast: Owner's Outlook: HCA's Clint Russell on Health Care Construction Pricing and Innovation - Diagnosing Health Care
8 Key Takeaways | Hot Topics in Construction Contracting
Podcast: Owner's Outlook: Maximize and Safeguard Reimbursement Through Design - Diagnosing Health Care
The ESG Report - From Sustainability to ESG in Construction with Tommy Linstroth
Podcast: Owner's Outlook: Renovating and Expanding Critical Access Hospitals in a Volatile Market - Diagnosing Health Care
Podcast: Owner's Outlook: Health Care Construction in a Period of Labor Shortages / Cost Inflation - Diagnosing Health Care
DE Under 3: EEOC & DOJ Technical Guidance for Employer’s AI Use; Upcoming EEOC Hearing; Event for Mental Health in the Workplace
DE Under 3: Best Practices, Webinars & Communication – Straight from Government Agencies
DE Under 3: JD Supra Readers Choice Award; DE Talk Podcast; Federal Gov't Budget Bill & More
Podcast: Owner's Outlook: Vaccine Mandate for Construction Workers at Health Care Facilities - Diagnosing Health Care
What Does It Take, Is It Worth It, and What Are the Cost Implications of Alternative Dispute Resolution? The volume of disputes and associated financial fallout in global construction claims is steadily rising, indicating...more
Helen Christakos a partner in our U.S. Privacy and Data Security practice, Tom Butcher a partner in our international Telecommunications, Media and Technology (TMT) group and Head of Middle East Communications, Technology and...more
1. SUPREME COURT PUTS COLLATERAL WARRANTIES IN THEIR THEIR PLACE - Can a collateral warranty be a "construction contract" under the Construction Act, an agreement for the carrying out of construction operations?...more
Coordination between the Owner-Architect Agreement and the Owner-Contractor Agreement is crucial for any successful project. In particular, parties most commonly overlook the provisions related to an Initial Decision Maker...more
An article considering the Supreme Court’s decision in Abbey Healthcare, which decided that a typically worded collateral warranty is not a construction contract for the purposes of the Housing Grants, Construction and...more
Our earlier Insight “LegCo in-house lawyers request clarifications regarding the Security of Payment Bill” reported that the Legal Service Division of the LegCo wrote a letter on 19 June 2024 to the HK Government seeking to...more
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
A prevailing party clause is a contractual provision that requires the court or arbitrator to include the winning litigant’s attorneys’ fees and costs associated with the dispute as part of an award or judgment. In...more
In W v Contractor [2024] HKCFI 1452, the Hong Kong High Court dismissed an application for leave to appeal against the interim measures granted by an arbitrator to restrain an employer from calling on a bond in relation to a...more
Many construction contracts call for disputes to be decided by arbitration under the auspices of the American Arbitration Association (AAA). In 2024, the AAA amended its rules governing AAA construction industry arbitrations....more
Often, the performance by parties to a contract varies from the written terms and conditions of the contract in slight, immaterial ways. Occasionally, the parties’ performance, either individually or collectively, may vary...more
Why Owners and Contractors Should Consider a “Third-Party Neutral” To Resolve Disputes Prior to the Completion of a Project - A Third-Party Neutral During Construction Primer - What Is a Third Party Neutral? A...more
Many construction contracts, especially on private projects, contain alternative dispute resolution provisions. These provisions often incorporate the Construction Industry Rules and Mediation Procedures of the American...more
I have practiced law for 40 years, with the vast majority of that time spent as a “construction lawyer.” I have seen great… and bad… construction lawyering, both when on the other side of a dispute, as well as when serving...more
I have practiced law for 40 years, with the vast majority spent as a “construction lawyer.” I have seen great… and bad… construction lawyering, both when on the other side of a dispute, as well as when serving well over 300...more
While main contract suites offer standard dispute resolution clauses, these are often amended in practice. A recent case gives a warning of what happens when such bespoke provisions are not clear. Originally published by...more
Construction transactions are characterized by many contracts involving multiple parties. While the terms of the parties’ individual contracts generally govern their relationships, parties should be aware that, intentionally...more
While it may seem evident that household members and subsequent purchasers bringing a construction defect claim are bound by the arbitration provision contained in the purchase and sale contract for the home, that was not the...more
Contracts in the construction industry often include multi-tiered dispute resolution clauses. These are clauses which set out in an escalating sequence the stages of dispute avoidance and/or alternative dispute resolution...more
Originally published by the Daily Journal of Commerce on May 18, 2023. You will often see in construction contracts terms directing the contractor to use “best efforts” or “reasonable efforts” or “commercially reasonable...more
When reviewing a proposed design or construction contract, the responding party will often do a cursory check to see whether the contract proposes arbitration or litigation for dispute resolution. So long as the proposed...more
A recent win by a team of Bradley construction attorneys highlighted the role emergency arbitration proceedings can play in a dispute subject to an arbitration agreement. The ongoing case involves the design and construction...more
Indiana, like other states, has a strong policy favoring arbitration agreements, and Indiana courts construe arbitration clauses broadly to make matters abitrable so long as they reasonably fit within the language of the...more
Arbitration is the most widely used method of dispute resolution in the construction industry. Parties should understand the key concepts and common types of claims when deciding whether to arbitrate disputes involving...more
Many construction contracts used in the industry include clauses mandating that any disputes be decided by binding arbitration rather than a jury or bench trial. The standard AIA forms provide the parties with the option of...more