Randa Adra, Joshua Lindsay, Edmund Northcott and Evelien Van Espen | Global Arbitration Review Introduction Construction contracts not only define project scope, price and timeline, but crucially allocate risks between parties. Effective risk allocation – covering issues like cost overruns, design errors, unforeseen conditions and delays – is essential for project success and dispute avoidance.… Continue reading Allocation of Risk in Construction Contracts
The Contingent Duty to Indemnify
Timothy P. Law | Reed Smith An insurance company’s defense obligation carries with it a conditional obligation to indemnify in the event the policyholder is held liable for a claim covered by the policy. When a case is resolved by settlement, prior to findings of fact on which an analysis of coverage could be based,… Continue reading The Contingent Duty to Indemnify
One Size Doesn’t Fit All: Customizing Dispute Resolution For Commercial Contracts
Jonathan W. Fitch | JAMS Dispute resolution clauses are independent agreements within a contract and often do not get the attention they deserve. When drafting a complex agreement, it may be difficult to shift gears and imagine the problems that may arise in performance and the best way to deal with them. A court proceeding… Continue reading One Size Doesn’t Fit All: Customizing Dispute Resolution For Commercial Contracts
Updates to FAR: Contractor Qualifications, Protests, Quality Assurance, and Terminations
Christopher Slottee | Schwabe, Williamson & Wyatt The FAR Council is undertaking a systematic approach to revising the FARs. On August 15, 2025, it released its revisions to FAR Part 9 – Contractor Qualifications, FAR Part 33, Protests, Disputes, and Appeals, FAR Part 46, Quality Assurance, and FAR Part 49, Termination of Contracts. Redlines showing the additions and deletions to… Continue reading Updates to FAR: Contractor Qualifications, Protests, Quality Assurance, and Terminations
Court Rejects Subcontractor’s Safety Excuse for Jumping Ship
John Mark Goodman | BuildSmart A federal judge in Oklahoma last week ruled against an electrical subcontractor who quit work before finishing because it was allegedly unsafe to continue. The court found that the subcontractor was simply losing money, and that the safety excuse was a “post-hoc fabrication” to justify “jumping ship.” The case involves construction… Continue reading Court Rejects Subcontractor’s Safety Excuse for Jumping Ship