Risk-Shifting Tactics for Construction Contracts

Nate Budde | Construction Executive Anyone who has worked in the construction industry is familiar with the financial risks involved. With thin margins, cash flow issues and the litany of potential claims and damages that can arise, contractors need to be able to manage that risk properly.  There is the right way of going about… Continue reading Risk-Shifting Tactics for Construction Contracts

Is the Enforceability of a No-Damage-for-Delay Provision Inappropriate for Summary Judgment

David Adelstein | Florida Construction Legal Updates Is the enforceability of a no-damage-for-delay provision inappropriate for resolution on a summary judgment?  The recent decision in U.S. f/u/b/o Kingston Environmental Services, Inc. v. David Boland, Inc., 2019 WL 6178676 (D. Hawaii 2019), dealing with Florida law, suggests that it is inappropriate for a summary judgment resolution, particularly when there is… Continue reading Is the Enforceability of a No-Damage-for-Delay Provision Inappropriate for Summary Judgment

Managing Construction Risk For Oregon Owners And Builders

Joseph Voboril | Tonkon Torp The Construction Contract is Critical A construction contract is the primary source for managing risk for a project of any size. The contract should include detailed provisions that touch on every element of a project including warranties, limitations of liability, insurance, payment terms, change order requirements, dispute resolution, and lien… Continue reading Managing Construction Risk For Oregon Owners And Builders

Another Round of Updates for AIA Contract Forms

Adam P. Banks, Michelle Wagner Ebben and Lauren A. Triebenbach | Michael Best & Friedrich On February 6, 2020, the American Institute of Architects (AIA) released its latest round of update contract forms – this time for the Construction Manager as Advisor (CMa) family of contract documents. Also known as Advisory Construction Management, CMa projects… Continue reading Another Round of Updates for AIA Contract Forms

What is “Action by a Public Body” Where County Exempted from VPPA?

Christopher G. Hill | Construction Law Musings The Virginia Public Procurement Act (“VPPA”) governs the contractual relationships between the Commonwealth and its subdivisions and the businesses and individuals that provide them goods and services.  It also provides the mechanism for the appeal of certain decisions by public bodies as well as a method by which a county… Continue reading What is “Action by a Public Body” Where County Exempted from VPPA?