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The UK Supreme Court has unanimously decided that, in the absence of express wording, parties seeking to rely on a force majeure clause with a reasonable endeavours proviso are not required to accept offers of non-contractual...more
The last time my byline appeared in this column, we were just a few weeks into the government-ordered lockdown, and I pondered whether construction projects could — or should — continue. In the year since, the construction...more
The construction industry has seen increased costs and contract performance concerns resulting from the impacts of COVID-19. For construction firms contracting with the government, it is critical to understand how to positon...more
As countries emerge from lockdown, talk turns to The Return of COVID-19. Here’s how to succeed in future force majeure claims and stop your projects from becoming what sounds like a second-rate horror movie....more
You signed a construction contract in February. Then, in March, the world as we know it changed due to the COVID-19 pandemic. Whether you’re the project owner or the contractor, you may now face delays to your project due to...more
Over the past month, states and municipalities have been issuing stay-at-home orders to slow the spread of COVID-19. Depending upon the locality, certain types of construction projects have been deemed “essential” and...more
While this coronavirus event grips the nation, contractors and subcontractors are asking whether this qualifies as a force majeure or changed condition event. We think it qualifies as both. When you bid and signed your...more
There is rightfully a lot of buzz in the industry about force majeure clauses. Authors are writing about how far and how much they protect contracting parties from unforeseen and uncontrollable events that cause delay....more
With each passing day, the number of COVID-19 cases continues to rise and jurisdictions across the world are working hard to contain the contagion. People are rightly concerned about the impact that COVID-19 will have on...more
With the spread of coronavirus, many home buyers are living in a state of uncertainty. What happens if a contractor’s workers do not come to work due to the spread of the virus, and therefore cause delays in the delivery of...more
Needless to say, a coronavirus pandemic (or even the threat of such a pandemic) could have significant impacts on ongoing construction projects. A potential or actual pandemic could dramatically affect the labor force and...more
As the Coronavirus spreads across the globe, its impact continues to disrupt many industries, including construction. Over the last twenty years, the construction industry in the United States has substantially increased its...more
Risk in construction contracts - 'Risk', in a project delivery context, can be defined as 'an uncertain event or set of circumstances that, should it occur, will have an effect on the achievement of one or more of the...more
Legal System - 1. Is your jurisdiction primarily a common law, civil law, customary law or theocratic law jurisdiction? Are the laws substantially derived from the laws of another jurisdiction and, if so, which? What...more