American Arbitration Association In international construction, the seeds of a future dispute are often planted in the contract. Risk allocation, local conditions, performance obligations, and termination rights can all shape how a project unfolds and how difficult a dispute becomes if arbitration is later filed. At the 2026 International Centre for Dispute Resolution® (ICDR ®)… Continue reading How Contract Design Is Shaping International Construction Arbitration
Category: Construction Contracts
Louisiana Public Entities Can No Longer Withhold Contested Liquidated Damages
Christopher D. Cazenave | Jones Walker Act 255 changed Louisiana’s public prompt-payment rules, and on public projects it changes the balance of leverage in a real way. It took effect May 15, 2026. The core change: A public owner can no longer hold back liquidated damages the contractor disputes. If the owner believes it is… Continue reading Louisiana Public Entities Can No Longer Withhold Contested Liquidated Damages
6th Circ. Ruling Highlights Split On Labor Cost Depreciation
Nabila Rahim | Zelle With its March 25 decision in Schoening Investment LP v. Cincinnati Casualty Co., the U.S. Court of Appeals for the Sixth Circuit recently joined a growing list of courts that have considered whether to depreciate labor costs to determine actual cash value.[1] The court relied on essential contract interpretation principles to evaluate… Continue reading 6th Circ. Ruling Highlights Split On Labor Cost Depreciation
Contract’s Silence on the Southwest Bank Sinks Differing Site Condition Claim
Lee-Ann C. Brown and John Mark Goodman | BuildSmart The U.S. Court of Appeals for the Federal Circuit recently affirmed a decision of the Armed Services Board of Contract Appeals (ASBCA) denying a contractor’s differing site condition claim on a flood control project along the Trapp Canal in Jefferson Parish, Louisiana. Hamp’s Construction LLC v. Secretary… Continue reading Contract’s Silence on the Southwest Bank Sinks Differing Site Condition Claim
Risk, Recovery, and Release: Making Sense of Subrogation Waivers
Julia Bobbitt | Gray Reed A waiver of subrogation is a contractual provision in which one party agrees to relinquish its (or its insurer’s) right to seek reimbursement from another party for certain losses. To fully appreciate the significance of this provision, it is helpful to first understand the concept of subrogation itself. What is… Continue reading Risk, Recovery, and Release: Making Sense of Subrogation Waivers