Laura Riddeck | Reed Smith As the global demand for digital infrastructure accelerates, the data center construction sector is busier than ever. A key area of contention in the negotiation of the construction contracts for these projects is the extent to which the contractor will be liable for the consequences of delays, defects or non-performance.… Continue reading Liability Clauses in Data Center Construction Contracts
Tag: Construction Contract
How the Boards of Contract Appeals Work—And Why It Matters for Your Bottom Line, Part 1
Lauren Brier, Josie Farinelli and Kelly A. Kirchgasser | Piliero Mazza When faced with the prospect of appealing an adverse decision from a contracting officer, government contractors may wonder whether it’s possible to prioritize costs, performance ratings, and future prospective contracts while engaging in litigation. The Boards of Contract Appeals (BCAs) may suit those purposes,… Continue reading How the Boards of Contract Appeals Work—And Why It Matters for Your Bottom Line, Part 1
How the Boards of Contract Appeals Work—And Why It Matters for Your Bottom Line, Part 2
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
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