PPP Loan Credits and Government Contracts: What Contractors Need to Know During Incurred Cost Reviews

Aron C. Beezley and Nathaniel J. Greeson | BuildSmart As federal contractors continue to navigate the post-pandemic compliance landscape, a recurring issue has emerged in government audits and incurred cost reviews: whether and how contractors must credit the government for Paycheck Protection Program (PPP) loan forgiveness amounts received during the performance of cost-reimbursement contracts. The… Continue reading PPP Loan Credits and Government Contracts: What Contractors Need to Know During Incurred Cost Reviews

Legal Insight: Key Rulings on Construction Delays and Liquidated Damages

Construction Claims & Project Management Overview Three recent rulings from state and federal courts have clarified the enforceability and limitations of delay-related contract provisions in construction projects, particularly concerning no-damages-for-delay clauses, concurrent delay, and the recovery of liquidated damages. These cases highlight how courts balance contractual risk allocation with the facts surrounding delay and project… Continue reading Legal Insight: Key Rulings on Construction Delays and Liquidated Damages

Drafting Smarter: Force Majeure and Price Escalation Clauses in a Tariff-Heavy Era

Brenda Radmacher | Seyfarth Shaw In light of recent disputes, international construction firms are rethinking how they draft force majeure and price escalation provisions to better address tariff-induced cost increases. While traditional force majeure clauses often focus on physical impossibility or natural disasters, they should now explicitly include governmental actions such as the imposition or increase of tariffs.… Continue reading Drafting Smarter: Force Majeure and Price Escalation Clauses in a Tariff-Heavy Era

Florida’s New “Prompt Processing” Requirement for Construction Contract Change Orders on Public Works Projects

Brett Henson | Carlton Fields Effective July 1, 2025, Chapter 2025-140, Laws of Florida, titled an “Act Relating to Construction Regulations,” enacted House Bill 683. This bill makes several changes to Florida’s construction laws, including requirements for “prompt processing” of change orders. Prompt Processing of Change Orders Florida’s Local Government Prompt Payment Act, described in… Continue reading Florida’s New “Prompt Processing” Requirement for Construction Contract Change Orders on Public Works Projects

Florida Federal Court Makes Pivotal Ruling on Direct vs. Consequential Damages in Design Disputes

Robert Alfert, Jr., Christina Lehm, Megan Schroder and Jeremy Springhart | Nelson Mullins Riley & Scarborough In a closely watched order issued July 11, 2025, the U.S. District Court for the Middle District of Florida addressed a previously unresolved and critical question under Florida law: whether remediation costs for defective design work constitute direct damages,… Continue reading Florida Federal Court Makes Pivotal Ruling on Direct vs. Consequential Damages in Design Disputes