Substantial Compliance – When The Contract Doesn’t Always Mean What It Says

Jack Byrom | Porter Hedges As COVID-19 continues to result in government shutdown orders, labor shortages, and increased lead times to acquire materials, project owners, contractors, and subcontractors may begin to make claims of “force majeure,” or may otherwise suspend or even terminate work.  Often these notifications or directives can first happen over the phone… Continue reading Substantial Compliance – When The Contract Doesn’t Always Mean What It Says

How to Prepare for Potential Construction Disputes Resulting From COVID-19

Helga A. Zauner and Sonia Desai | Construction Executive Every industry has been affected by the COVID-19 pandemic, and construction is no exception. While construction work was deemed essential in some places, it has been limited only to pandemic-related projects in others. In the current climate, construction companies face a myriad new challenges, including concerns… Continue reading How to Prepare for Potential Construction Disputes Resulting From COVID-19

How to Spread Out Risks for a Win-Win Construction Contract

Daniel Lund III | Phelps Construction contracts should be written “for breach” – hoping for the best but expecting that trouble may beset the project. In the same vein, it is vital to allocate risk through careful contract drafting on the front end. What terms can be used in construction contracts to shift (or, in… Continue reading How to Spread Out Risks for a Win-Win Construction Contract

The Little Tucker Act Is Alive and Well

Patrick R. Quigley and Lee-Ann C. Brown | Buildsmart Most government contract lawyers are already familiar with the Tucker Act (28 U.S.C. § 1491), which gives the U.S. Court of Federal Claims jurisdiction over many non-tort claims against the United States, including contract disputes, Fifth Amendment takings, tax refunds, and other matters. But another Tucker Act… Continue reading The Little Tucker Act Is Alive and Well

Construction Industry Professionals: Check Your AIA Contract Documents For Your Rights And Obligations In Response To COVID-19 Related Construction Delays

Alexandra A. Fahringer | Schnader Harrison Segal & Lewis In the wake of the COVID-19 outbreak and subsequent state and local government shutdown orders, some construction projects have come to an abrupt halt while others face significant delays. Across the industry, project owners, general contractors, subcontractors, sub-subcontractors, and architects are reviewing their AIA Contract Documents… Continue reading Construction Industry Professionals: Check Your AIA Contract Documents For Your Rights And Obligations In Response To COVID-19 Related Construction Delays