Troy Edwards and Peter Tolson | A&O Shearman In the construction industry, the choice of procurement approach is a critical decision that shapes project risk allocation, financing structures, equity support requirements, and practical execution considerations. Lenders and investors closely scrutinize contract terms to assess the bankability of a project, as the allocation of risk between… Continue reading Cost Reimbursable vs. Lump Sum Turnkey Construction Contracts: the Many Routes to Bankability
Key Changes to R&D, Construction, and Contract Actions
Anam Abid, Cherlylyn Harley LeBon and James Sabia | Cohen Seglias Pallas Greenhall & Furman As discussed in our previous update, the FAR Council has been periodically publishing revisions to the Federal Acquisition Regulation (FAR). These revisions come on the back of the Trump Administration’s executive order “Restoring Common Sense to Federal Procurement.” For more information… Continue reading Key Changes to R&D, Construction, and Contract Actions
When Is Late Notice Really Too Late?
Janet Tolbert | Wilson Elser The Western District of Texas Declines to Impose a Prejudice Requirement on a Fixed-Time Notice Provision in a Commercial Property Policy Texas is considered a “notice-prejudice” state, meaning that as a general rule an insurer is required to demonstrate it was prejudiced by an insured’s late notice of a claim… Continue reading When Is Late Notice Really Too Late?
In Brief: Construction Disputes in USA
Denis Serkin and Michael S. Zicherman | Peckar & Abramson Disputes Courts and tribunals Are there any specialised tribunals that are dedicated to resolving construction disputes? With very few exceptions, in most states there are no special courts or public tribunals dedicated exclusively to the resolution of construction disputes. However, the federal government and various… Continue reading In Brief: Construction Disputes in USA
Motions to Dismiss, Limitations of Liability, and More
Christopher G. Hill | Construction Law Musings Remember BAE Sys. Ordnance Sys. V. Fluor Fed. Sols? I examined that case on two occasions previously here at Construction Law Musings. Previously the discussions were about the mix (or lack thereof) between fraud and contract and about how careful contract drafting is key. In the most recent opinion in this ongoing litigation from March… Continue reading Motions to Dismiss, Limitations of Liability, and More