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Construction Industry Contractors Contract Terms

Bradley Arant Boult Cummings LLP

Court Separates Facts from Fiction – Lack of Supporting Project Documents Dooms Contractor

A recent decision from the U.S. District Court for the Southern District of Florida demonstrates how facts supported by documents generated during the project can be vital to prime contractor/subcontractor disputes. In...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

Bradley Arant Boult Cummings LLP

Alabama Lien Law 101

You did not get paid for your labor and material, so you ask, what can I do? Alabama’s lien law provides you an opportunity to place a lien on the property for certain unpaid amounts for labor and materials. If you follow the...more

Stoel Rives LLP

New Law Requires Timely Payment of Undisputed Change Order Claims

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RCW 39.04.360, effective June 6, 2024, sets forth protections and assurances of payment for contractors, subcontractors, and suppliers that perform undisputed changed or additional work on both public and private construction...more

Porter Hedges LLP

Understanding the Texas Prompt Payment Act

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The construction industry is a cornerstone of Texas’s robust economy, and timely payments are critical for maintaining the health of this sector. To ensure that contractors, subcontractors, and suppliers are paid promptly for...more

Buckingham, Doolittle & Burroughs, LLC

DeWine Signs HB50 - Home Construction Law is Modified to Add Remodelers

On June 28, 2024, Governor DeWine signed HB50 which redefines some important definitions in the Home Construction Suppliers Services Act (RC 4722) (HCSSA). The change will require ALL Ohio construction contractors to review...more

Kilpatrick

Third Circuit Affirms Kilpatrick’s Recovery of CASPA Penalties and Attorneys’ Fees Award in C.J. Hughes v. EQM

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Kilpatrick attorneys secured a significant decision for contractors and subcontractors performing work in Pennsylvania. The Third Circuit Court of Appeals affirmed District Court Judge William S. Stickman’s award of...more

Spilman Thomas & Battle, PLLC

CASPA Clash: Major Victory for Contractor in Pipeline Project Dispute as Third Circuit upholds CASPA Penalties and Fees

In a significant decision on April 17, 2024, the U.S. Court of Appeals for the Third Circuit upheld significant penalties and attorney fees awarded to C.J. Hughes Construction Company, Inc. under the Pennsylvania Contractor...more

Moritt Hock & Hamroff LLP

Contractor Prevails Against Owner In Arbitration Successfully Arguing Modification Of The Contract Based Upon The Parties’ Course...

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

BCLP

Collaboration in Practice Under Singapore PSSCOC Option Module E and NEC4

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Traditional contracting has, in recent years, come under increasing criticism for being, among other things, unable to handle increasingly complex projects as there is little incentive for employers and contractors alike to...more

Sands Anderson PC

Getting Paid as a Subcontractor is Always the Name of the Game

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General contractors and subcontractors often rely on precise contract language to guarantee payment for their work. In some cases, they may also resort to using a mechanics lien. However, a lesser-known statute in the...more

Spilman Thomas & Battle, PLLC

Clarifying Mechanics’ Lien Law

A mechanics’ lien is a powerful remedy that provides a contractor with a priority lien on a property and a fast means of being made whole if payment is not rendered at the completion of a job. In order to successfully obtain...more

BCLP

Fair Payment Practices: Recent Developments

BCLP on

In this Insight, first published in PLC, Jennifer Badham discusses various attempts to address late payments and long payment terms that are a common problem in construction industry supply chains, including two recent...more

Stoel Rives -  Ahead of Schedule

Strategies for Getting Difficult Contracts to the Finish Line

When negotiating design and construction contracts for large projects, it is common for sophisticated parties to push to the end of their negotiations the half-dozen or so provisions that one side or the other has...more

Rivkin Radler LLP

Changes in NY Law Significantly Affect Retainage Withheld in Private Construction Contracts

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On Friday, November 17, 2023, Governor Hochul signed into law a bill which limits the retainage held on construction contracts for private improvements to 5% of the contract price from inception of the project – this applies...more

Stoel Rives -  Ahead of Schedule

Don’t Let Disputed Change Orders Derail Your Construction Project

Change orders are a fact of life for construction projects. They can be challenging even when the owner and contractor agree on the scope, price, and schedule impacts associated with the change. Change orders are far more...more

Vinson & Elkins LLP

When Contractors Become Project Owners: Opportunities, Risks and Conflicts for Japanese Contractors to Consider When Taking Equity...

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Japanese heavy-industries companies that typically act as contractors or suppliers on projects are increasingly invited to contribute as equity investors in the projects they construct or supply major equipment to, thereby...more

Hogan Lovells

All a matter of timing - English construction court considers when there’s a cause of action for defective design - Talking Point...

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The Technology and Construction Court in London has given a wide-ranging review of the law that frequently arise in construction projects, particularly on issues of limitation and when a cause of action over a supposedly...more

Stoel Rives -  Ahead of Schedule

Follow-Up: Should Attorneys Use Artificial Intelligence to Draft a Construction Contract?

Over this past summer, our colleague Mario R. Nicholas penned an article for the Daily Journal of Commerce entitled “Can Artificial Intelligence Be Trusted to Draft a Construction Contract?”  It is a great read, and we borrow...more

Vinson & Elkins LLP

Transferring Project Design Risk

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Some construction industry commentators have urged a more integrated approach to design and construction, with equitable risk sharing and an effort to ensure that project design will benefit from the experience of companies...more

Stoel Rives -  Ahead of Schedule

On Notice: Why Notice and Claim Procedures in Construction Contracts Matter

Most construction contracts include provisions detailing how and when a contractor must provide notice of claims, or events that may lead to future claims, for additional compensation and/or time. These contract provisions...more

BCLP

VAT Invoices and the Final Date for Payment

BCLP on

In its recent decision in Lidl Great Britain Ltd v Closed Circuit Cooling Ltd (t/a 3CL) [2023] EWHC 2243 (TCC), the TCC provided some helpful guidance around the statutory payment provisions in the Housing Grants,...more

A&O Shearman

The New KSA Civil Code: Construction Contracts

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In our first two articles in this series, we introduced the new Civil Transactions Law of the Kingdom of Saudi Arabia (referred to as the “KSA Civil Code”) and provided analysis of its key provisions relevant to forming...more

Miller Nash LLP

Contract Drafting 101: Implied Warranties and Design Delegation

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Important elements of a strong construction contract include implied warranties and design delegation. It is necessary to pay close attention to these concepts to protect against future disputes. When a contractor is...more

Schwabe, Williamson & Wyatt PC

Experts Offer Advice for Builders Looking Across the State Border

Portland’s proximity to Vancouver, Washington, creates opportunities as well as challenges for contractors. Panelists discussed those during a virtual Builder Breakfast event hosted by the Daily Journal of Commerce on...more

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