Construction Claims & Project Management Overview Three recent rulings from state and federal courts have clarified the enforceability and limitations of delay-related contract provisions in construction projects, particularly concerning no-damages-for-delay clauses, concurrent delay, and the recovery of liquidated damages. These cases highlight how courts balance contractual risk allocation with the facts surrounding delay and project… Continue reading Legal Insight: Key Rulings on Construction Delays and Liquidated Damages
Tag: Construction Contract
Drafting Smarter: Force Majeure and Price Escalation Clauses in a Tariff-Heavy Era
Brenda Radmacher | Seyfarth Shaw In light of recent disputes, international construction firms are rethinking how they draft force majeure and price escalation provisions to better address tariff-induced cost increases. While traditional force majeure clauses often focus on physical impossibility or natural disasters, they should now explicitly include governmental actions such as the imposition or increase of tariffs.… Continue reading Drafting Smarter: Force Majeure and Price Escalation Clauses in a Tariff-Heavy Era
Florida’s New “Prompt Processing” Requirement for Construction Contract Change Orders on Public Works Projects
Brett Henson | Carlton Fields Effective July 1, 2025, Chapter 2025-140, Laws of Florida, titled an “Act Relating to Construction Regulations,” enacted House Bill 683. This bill makes several changes to Florida’s construction laws, including requirements for “prompt processing” of change orders. Prompt Processing of Change Orders Florida’s Local Government Prompt Payment Act, described in… Continue reading Florida’s New “Prompt Processing” Requirement for Construction Contract Change Orders on Public Works Projects
Florida Federal Court Makes Pivotal Ruling on Direct vs. Consequential Damages in Design Disputes
Robert Alfert, Jr., Christina Lehm, Megan Schroder and Jeremy Springhart | Nelson Mullins Riley & Scarborough In a closely watched order issued July 11, 2025, the U.S. District Court for the Middle District of Florida addressed a previously unresolved and critical question under Florida law: whether remediation costs for defective design work constitute direct damages,… Continue reading Florida Federal Court Makes Pivotal Ruling on Direct vs. Consequential Damages in Design Disputes
The Bottom Line: Cost and Pricing Updates | Act of God or Compensable Delay?
Stephanie Harden | Blank Rome Welcome to The Bottom Line: Cost and Pricing Updates, a new series covering what contractors should know about recent cost and pricing disputes—without the long read! For our inaugural post, we present: Appeal of Gideon Contracting, LLC, ASBCA No. 63561 (May 12, 2025) The Bottom Line: When the Government orders a suspension of… Continue reading The Bottom Line: Cost and Pricing Updates | Act of God or Compensable Delay?