Lauren Brier, Josie Farinelli and Kelly A. Kirchgasser | Piliero Mazza This week, we take a closer look at how a government contractor ends up before a Board of Contract Appeals (BCA). CDA appeals don’t appear out of thin air—it can take months, if not years, for a dispute to morph into an appeal. The… Continue reading How the Boards of Contract Appeals Work—And Why It Matters for Your Bottom Line, Part 2
Beware Misuse of Related-Claims Deemer Clauses in Claims-Made Policies
A. Kate Margolis | If Pays To Be Covered The hallmark of a claims-made liability policy is coverage exclusively for claims “first made” during the policy period, thus limiting the insurer’s risk to new claims asserted against the policyholder during a finite time period. Insurers further reduce their risk by “deeming” related claims to be… Continue reading Beware Misuse of Related-Claims Deemer Clauses in Claims-Made Policies
Top 10 Killer Construction Contract Clauses, Part 2: Pay-If-Paid and Pay-When-Paid
Jessica A.duHoffmann and Jonathan R. Neri | Piliero Mazza In the world of construction, it is essential for both prime contractors and lower-tier subcontractors to carefully manage financial risk when negotiating subcontract agreements. While a party’s ability to distinguish and understand pay-if-paid and pay-when-paid clauses—a critical first step in identifying financial risk—the analysis should not stop there. To protect the… Continue reading Top 10 Killer Construction Contract Clauses, Part 2: Pay-If-Paid and Pay-When-Paid
Bridging Documents and Design-Build Warranties: Building Bridges to Avoid Pitfalls
Steve D. Garcia | ConsensusDocs Design‐build has continued its steady ascent in both the private and public spheres, revolutionizing how stakeholders approach construction projects. By melding design and construction responsibilities into a single point of responsibility, design‐build can streamline project delivery and reduce administrative inefficiencies. Yet, this consolidated approach does not immunize participants from complex… Continue reading Bridging Documents and Design-Build Warranties: Building Bridges to Avoid Pitfalls
Analysing Cause and Effect in Construction Disputes: the Role of Data and AI Analytics
Vladimir Milovanovic | Diales Introduction: the challenges of identifying root causes in construction and engineering disputes How long does it take to count to 2 million? If one were to count for eight hours a day, it would take 70 days to reach 2 million. Now, imagine reviewing 2 million documents manually, logging relevant information… Continue reading Analysing Cause and Effect in Construction Disputes: the Role of Data and AI Analytics