Monica Wilson Dozier and Amandeep S. Kahlon | BuildSmart As the second Trump administration begins next week, developers, contractors, subcontractors and suppliers are evaluating the extent of the construction industry’s international ties – and contractual exposure to potential tariff increases. While President-elect Trump has been forthright about his intent to impose and increase tariffs, he… Continue reading Practical Considerations for Navigating Tariff Risk on Construction Projects
Tag: Construction Contract
How Should Construction Contracts Approach Potential Tariffs?
Jeffrey Bright | Offit Kurman As an initial primer: tariffs typically work as a tax, charged on goods purchased and imported to the United States from a foreign country. The tariff is charged as a percentage on the price paid for the foreign good. Tariffs are collected at the ports where the goods enter the… Continue reading How Should Construction Contracts Approach Potential Tariffs?
Contractual Fee-Shifting in Litigation: Who Pays the Price?
Caitlin Kicklighter | ConsensusDocs When disputes on a construction project escalate to litigation, general contractors may find themselves entangled in a costly and time-consuming legal battle. One important concept to understand is contractual fee-shifting under a “prevailing party” provision, which can significantly impact damages recovered in litigation. The general rule, known as the “American Rule,”… Continue reading Contractual Fee-Shifting in Litigation: Who Pays the Price?
Managing Extreme Weather-Related Delay and Disruption Claims on Projects
Mark Crossley, Tom Smith and Lee Wake | Hogan Lovells Key steps when making and assessing extension of time and cost claims for project delays and disruptions caused by increasingly frequent extreme weather events. A growing number of “freak” weather events, such as record temperatures, rainfall and wind speeds are leading to wildfires, heatwaves, floods… Continue reading Managing Extreme Weather-Related Delay and Disruption Claims on Projects
The Legal Concept of Privity of Contract
Robert B. Nussbaum | Saiber Construction Law Column The legal concept of “privity of contract” is a common law principle which provides that only parties directly involved in a contract can enforce its terms or be held liable for its obligations. This means that third parties generally cannot enforce a contract, even if they were… Continue reading The Legal Concept of Privity of Contract