Daniel Miles | J.S. Held Construction lawyers involved in delay, disruption, and damages assessments should read this article to: Construction professionals, quantity surveyors, commercial managers, project controls specialists, and claims consultants should read this article to: Executive Summary Time functions as one of the most significant drivers of cost escalation in construction projects. This article… Continue reading Financial Consequences of Time
Month: September 2026
Bid Protests in California
Aron C. Beezley, Nathaniel J. Greeson and William B. Stupski | GovCon Source What Rules Apply? California’s bid protest procedures are generally governed by the California Public Contract Code. The procedures vary based on the type of goods and services being procured. Specifically, California outlines different protest rules for several types of contracts, including: Furthermore,… Continue reading Bid Protests in California
California’s New Private Works Claims Process: Why Owners and Contractors Must Update Their Agreements
John Greenhall | Cohen Seglias Pallas Greenhall & Furman California has rewritten the rules for resolving payment and change-order disputes on private construction projects. Senate Bill 440, the Private Works Change Order Fair Payment Act, was enacted as Chapter 583 of the 2025 Statutes and is codified at California Civil Code section 8850 (Cal. Civ.… Continue reading California’s New Private Works Claims Process: Why Owners and Contractors Must Update Their Agreements
Managing Construction Risk Through Cost Transparency
Benjamin Codog III and Mario Nicholas | Stoel Rives Abstract Construction cost transparency is becoming a critical risk-management tool as owners and developers face tighter budgets, cost volatility, and increased financial scrutiny. This article explains how transparent pricing, documented change orders, and clear contract procedures help reduce disputes, improve decision-making, and keep projects on track.… Continue reading Managing Construction Risk Through Cost Transparency
When Clear Drafting is Not Enough: Fifth Circuit Rejects a “Sole Discretion” Arbitration Clause
Torin Shanahan | Epstein Becker & Green Parties use arbitration provisions for a variety of reasons, including enhanced efficiency and advantages of resolving disputes in private and outside of court. In crafting arbitration clauses, businesses often retain some asymmetry, giving one party rights the other party does not enjoy. Courts generally permit this, even in… Continue reading When Clear Drafting is Not Enough: Fifth Circuit Rejects a “Sole Discretion” Arbitration Clause