John Mark Goodman | BuildSmart For construction lawyers, the Battle of the Forms presents a familiar fact pattern. A material supplier/seller provides a potential buyer with a price quote along with its standard terms. The buyer, usually a contractor or subcontractor, responds with a form purchase order that includes its own standard terms, which differ from the… Continue reading Whose Terms Govern? An Introduction to the Battle of the Forms
Month: June 2025
Does “Indemnify” = “Hold Harmless”?
J. Christopher Selman and Zachary B. Stewart | BuildSmart “Contractor shall indemnify and hold harmless…” Does this sound familiar? Nearly every construction contract contains an indemnification provision with some variation of these terms. And if you have ever negotiated a construction contract, you know that indemnification provisions often feature in those discussions. But are the… Continue reading Does “Indemnify” = “Hold Harmless”?
A Claim For Constructive Suspension Does Exist
David Adelstein | Florida Construction Legal Updates A claim for constructive suspension does exist: “Constructive suspension occurs when work is stopped absent an express order by the contracting officer and the [G]overnment is found to be responsible for the work stoppage.” “A constructive suspension will be found on the same elements and has the same effect and consequences… Continue reading A Claim For Constructive Suspension Does Exist
Stop Guessing the Price – Use Material Escalation Clauses to Protect Your Bid in a Volatile Tariff Climate
W. Hunter Webb | BuildSmart In today’s market, contractors often find themselves playing The Price is Right when bidding material costs — trying to hit the number just right without going over. But with new (and changing) tariffs targeting steel, aluminum, and other goods in 2025, that guessing game just became even riskier. Should contractors base bids… Continue reading Stop Guessing the Price – Use Material Escalation Clauses to Protect Your Bid in a Volatile Tariff Climate
Challenges to Cost Modelling for Marine-Related Property Claims
Ronald Mallory | J.S. Held Introduction Marine facilities have evolved into highly developed, complex, vital infrastructure. What were once collections of docks, pavements, warehouses and guard shacks have become complex cities. Modern ports have rail facilities, multiple utilities (e.g. steam, water, sewer, storm drain, electrical and communication services), fuel distribution, hoisting and conveyance systems, dust… Continue reading Challenges to Cost Modelling for Marine-Related Property Claims