Mark Crossley and Timothy Hill | Hogan Lovells As countries emerge from lockdown, talk turns to The Return of COVID-19. Here’s how to succeed in future force majeure claims and stop your projects from becoming what sounds like a second-rate horror movie: 1. Decide COVID-19’s status as a force majeure event Is a subsequent COVID-19… Continue reading Force Majeure Claims in Future Waves of COVID-19: Four Key Actions
Tag: Construction Contract
Contract Provisions That Help Manage Risk on Long-Term Projects
Jason Lambert | Construction Executive Few things can dampen the thrill and promise of a newly closed construction deal than the realization that it could quickly become a losing proposition for the contractor depending on economic and other conditions. In an era of instant information, constantly adjusting markets and political extremes, projects that start under… Continue reading Contract Provisions That Help Manage Risk on Long-Term Projects
Prior Material Breach May Excuse Performance, but the Factfinder Must Agree It Was a Material Breach
J. David Pugh, Ian P. Faria and Amandeep S. Kahlon | Buildsmart In most jurisdictions, a party may be excused from any future performance under a contract by the prior material breach of the other party. A “prior material breach” is typically defined as conduct that deprives the injured party of the benefit that it… Continue reading Prior Material Breach May Excuse Performance, but the Factfinder Must Agree It Was a Material Breach
COVID-19 Language For New Construction Contracts: A Practical Approach
David A. Blake | Seyfarth Shaw Introduction Those entering into new construction contracts should include custom language addressing the parties’ respective rights and responsibilities related to COVID-19. Many articles and webinars have focused on how traditional contract clauses in existing contracts may respond to COVID-19 issues. The fit is not always clear. Some guesswork is involved and… Continue reading COVID-19 Language For New Construction Contracts: A Practical Approach
Seeking Certainty in Uncertain Times: Employing Cost-Plus Construction Contracts in 2020
Janeia Brounson and Carl Pebworth | Faegre Drinker With the uncertainty of COVID-19 impacting construction projects in new and unfamiliar ways, choosing the right construction contract format has never been more important. A cost-plus contract — also known as a cost-reimbursement contract — can offer an attractive project format in the current construction environment. Defining… Continue reading Seeking Certainty in Uncertain Times: Employing Cost-Plus Construction Contracts in 2020