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
Category: Construction Contracts
ASBCA Converts Default Termination to Termination for Convenience: What Government Contractors Need to Know About Jaxon Construction, Inc.
Aron Beezley and Steven C. Herrera | BuildSmart The Armed Services Board of Contract Appeals (ASBCA) recently issued an important decision explaining when a federal agency may terminate a contractor for default before contract performance is complete. In Jaxon Construction, Inc., ASBCA No. 64432 (June 24, 2026), the board recognized that although the contractor may have… Continue reading ASBCA Converts Default Termination to Termination for Convenience: What Government Contractors Need to Know About Jaxon Construction, Inc.
Contract Claims 101: Common Construction Appeal Theories, Part 6
Lauren Brier and Caitlin Trevillyan | Piliero Mazza While Parts 4 and 5 of this series explored both common and less common theories available to contractors pursuing claims against the federal government, many of which can arise in the construction context, there are more nuanced theories that often, intersect with those more familiar claims involving changes, delays, or defective… Continue reading Contract Claims 101: Common Construction Appeal Theories, Part 6
Should Your Construction Agreement Include a Waiver of Consequential Damages?
Kenneth R. Crystal and Allen Major | Phillips Lytle Many form construction agreements include a mutual waiver where both the owner and contractor waive claims against each other for consequential damages. What are consequential damages? And should the owner, contractor and subcontractor agree to waive them? What are the implications of the waiver? What Are… Continue reading Should Your Construction Agreement Include a Waiver of Consequential Damages?
Courts or Conference Rooms? Choosing Your Construction Dispute Battlefield
Heather Hawkins | Taft Stettinius & Hollister Disputes are always a risk in construction, and you may make decisions about how to resolve them years before any conflict arises. These decisions can significantly affect cost, timeline, and outcome. Pull out your current form contract or a recent project agreement and ask yourself these questions before… Continue reading Courts or Conference Rooms? Choosing Your Construction Dispute Battlefield