Jessica duHoffman and Caitlin Trevillyan | PilieroMazza Liquidated damages clauses are common in construction contracts and can create significant risk for contractors. They set a predetermined daily amount for late completion. Under common law and federal contract law, liquidated damages generally must reasonably estimate anticipated delay damages and cannot operate as a penalty. While they… Continue reading Top 10 Killer Construction Contract Clauses, Part 5: Liquidated Damages Provisions
Flowdown Clauses: What Prime Contractors and Subcontractors Need to Know
Aron Beezley, Nathaniel Greeson and Steven C. Herrera | GovCon Source What Are Flowdown Clauses in Federal Contracting? When the federal government awards a contract, it imposes a detailed set of legal obligations on the prime contractor through the Federal Acquisition Regulation (FAR) and agency-specific supplements. Those obligations do not stop at the prime level.… Continue reading Flowdown Clauses: What Prime Contractors and Subcontractors Need to Know
Arbitration Clauses: A Contract Within a Contract
Russo Law Most business owners treat arbitration clauses as boilerplate — something to paste in at the end of a contract without much thought. That is a mistake. An arbitration clause is not just a provision; it is a self-contained legal framework that determines how every future dispute between the parties will be resolved. It… Continue reading Arbitration Clauses: A Contract Within a Contract
Use of Expert Determination as an ADR Method Part 2: Pros and Cons
Ali Ford | Ankura The first article in this series introduced expert determination as an Alternate Dispute Resolution (ADR) mechanism in which parties appoint an independent subject matter expert to issue a binding decision on a dispute. This second article examines its practical application by outlining the key advantages and potential risks, helping parties assess when expert… Continue reading Use of Expert Determination as an ADR Method Part 2: Pros and Cons
Principles Guiding the Use of AI in Arbitral Proceedings (Part I)
Natalia Marina Zibibbo, Olivier André, Boyan Arshinkov adn Theresa Fenner | Freshfields The year 2025 marked a watershed moment for artificial intelligence (AI), with the release of more powerful generative models and a rapid expansion of proprietary and specialised AI systems. This technological leap was mirrored by a dynamic shift in the legal and regulatory… Continue reading Principles Guiding the Use of AI in Arbitral Proceedings (Part I)