Todd M. Conley | Womble Bond Dickinson Ask anyone with experience on construction projects, particularly large, complex “mega-projects,” and they will tell you that disputes are an expected part of doing business. It is rare that these projects come in on schedule and on budget; when they do not, the contractor and owner often vigorously… Continue reading Litigation or Arbitration: Which is Better for Adjudicating Contract Disputes?
Tag: Construction Contract
Offset, Setoff, and State Trends in Withholding Clauses
Susan White | Frantz Ward States have been slowly clawing back at a higher-tier’s ability to withhold payments owed to its lower-tier subcontractors, aiming to protect subcontractors from undue financial hardship and ensure that payment disputes are handled more equitably. A standard withholding clause looks something like this: The subcontractor agrees that contractor shall have… Continue reading Offset, Setoff, and State Trends in Withholding Clauses
JCT 2024 Contracts – Good Faith in Practice
Shy Jackson | Bryan Cave Leighton Paisner Summary In this Insight, Shy Jackson considers the scope and implications of the parties’ obligation to work together in good faith under the Joint Contracts Tribunal (JCT) 2024 contracts. Not everyone will be familiar with the 1994 Latham Report that advocated the use of good faith, but the… Continue reading JCT 2024 Contracts – Good Faith in Practice
Practical Considerations for Navigating Tariff Risk on Construction Projects
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
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?