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Holland & Knight LLP

New York Could Further Limit Retainage on Public and Private Construction Projects

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Proposed bills in the New York State Assembly and Senate would prohibit the retention of any amount of payment due and owing for materials delivered and accepted for public and private construction projects. The identical...more

Ballard Spahr LLP

Indiana Department of Transportation Expands “Progressive” Alternative Project Delivery Methods

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The Indiana Department of Transportation (INDOT) rolled out its new statutorily authorized pilot progressive design-build (PDB) and construction manager/general contractor (CMGC) transportation infrastructure project delivery...more

Bradley Arant Boult Cummings LLP

Prime Contractor Beware, No. 3: Tis The Season, but is your Retainage safe under the Tree?

Here’s the Scenario: Try explaining the concept of “retainage” to a businessperson unfamiliar with the construction industry at your next holiday party. Here’s the typical response as she spits out her eggnog: “Wait a minute:...more

Woods Rogers

Virginia’s New Construction Payment Terms (Part 1)

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(Part one of a two-part article series) Confused about “pay-when-paid”, “pay-if-paid” clauses and the requirements of Virginia’s Prompt Payment Act on Virginia construction contracts? A new law intending to change the...more

Barnea Jaffa Lande & Co.

Infrastructure Projects in Israel

Tel Aviv may be all dug up, and the sidewalks gone, but there is a light at the end of the tunnel – at least at the end of the tunnel between Lincoln Street and Yitzhak Sadeh Street. It isn’t only Tel Aviv that’s dug up. Work...more

BCLP

The new security of payment regime in Hong Kong – key issues to consider before its implementation

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With the Hong Kong Development Bureau’s (DevB) contractual security of payment regime coming into effect from 31 December 2021 (the SOP regime), we now examine some important challenges which facing the Hong Kong construction...more

BCLP

Security of Payment in Hong Kong - pilot programme for public works contracts

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As the old saying holds, cash-flow is the life blood of the construction industry. In 2021, Hong Kong looks set to join Singapore, Australia and other jurisdictions in implementing a Security of Payment regime to...more

Burr & Forman

Pre-Bid Documents and Estimates Can’t Be Hidden Behind the Curtain in Disputed Delay Claims

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In WDF, Inc. v. City of New York,  No. 652478 (N.Y. Sup.) (Mar. 12, 2021), the contractor filed suit to recover damages from the City on numerous combined waste water treatment projects.  The contractor claimed that the City...more

Farrell Fritz, P.C.

Expect Careful Scrutiny of Contractually Shortened Statutes of Limitations

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The statutes of limitations set forth in the CPLR are default rules, and parties generally are free to modify default rules by agreement.  But statutes of limitations also further the important public interests, such as...more

Wiley Rein LLP

Run-Off Endorsement Bars Coverage for “False Filings” Made in Connection with Construction Projects for State Agencies

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Applying New York law, a New York state trial court granted an insurer’s motion for summary judgment where an insured sought coverage under a private company D&O policy for a settlement it had paid for fraudulent filings for...more

Burr & Forman

No Longer in the Dark: A Primer on the Distinction between Delay and Disruption Damages in a Construction Dispute

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If you are left in the dark about something, you don’t have the information you should have to make an informed decision. Delay claims on a construction can be confusing, especially when you think about the delay to the work...more

Franczek P.C.

Court Decision Reminds School Boards of the Importance of “Sunshine” in Guaranteed Energy Savings and Other Construction Contracts...

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In a recent Illinois Appellate Court decision, a taxpayer unsuccessfully challenged a school district’s guaranteed energy savings contract. School Board members should be aware of this decision because the favorable outcome...more

Bilzin Sumberg

Asociaciones público-privadas y resolución de disputas

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Hemos escrito mucho acerca de cómo las colaboraciones público-privadas (P3) ofrecen soluciones mejores y más eficientes para las necesidades de infraestructura pública y sobre cómo, debido a su eficacia, se han convertido en...more

Bilzin Sumberg

Public-Private Partnerships and Dispute Resolution

Bilzin Sumberg on

We have extensively written about how public-private partnerships (“P3s”) offer better, more efficient solutions to public infrastructure needs, and about how, given their effectiveness, they’ve become a preferred method for...more

Troutman Pepper

The Washington Court of Appeals Clarifies When the Statute of Limitations for a Negligence Claim Begins to Run Under the Discovery...

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Dep’t of Transp. v. Seattle Tunnel Partners, 2019 BL 36988, 2 (Wash. App. Div. 2 Feb. 05, 2019) - On January 8, 2019, the Court of Appeals for the State of Washington reversed and remanded in part a trial court’s grant of...more

Troutman Pepper

Government’s Notice That It Questioned Certain Costs and Would Take ‘Appropriate Action’ Is Not a Notice of ‘Disallowance’ as...

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CB&I Areva Mox Servs., LLC v. United States, 2018 U.S. Claims Lexis 1549 (November 9, 2018) - Nearly two decades ago, the Department of Energy, National Nuclear Security Administration (“NNSA”) awarded a contract for the...more

Troutman Pepper

Federal Court in Pennsylvania Holds Pay-If-Paid Clause Unenforceable Where Prime Contractor’s Inadvertent Delays Contribute to the...

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Connelly Constr. Corp. v. Travelers Cas. & Surety Co. of Am., 2018 U.S. Dist. LEXIS 123009 (E.D. Pa. July 24, 2018). The Commonwealth of Pennsylvania Department of General Services undertook a project for the construction...more

Burr & Forman

Slow as a Turtle? “No Damages For Delay” Clause Inapplicable to Contractor’s Claim Against Architect

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When we think of delays on a construction project, the first inquiry is to identify the turtle—the one party holding up progress or causing the delay. Many times, the parties’ contract will dictate whether the contractor can...more

Robinson+Cole Construction Law Zone

Will Strict “No Damages for Delay” Clauses Be Outlawed on New York Public Construction Projects? Stay tuned.

For years, general contractors and trade contractors have faced very strict “no damages for delay” clauses on New York State construction projects. The tides are changing. If signed into law, S. R. 06686, Reg. Sess....more

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