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Construction Contracts

Husch Blackwell LLP

Powerful Promises: Performance Guarantees and Liquidated Damages in Solar and Biogas EPC Contracts

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Performance guarantees and performance liquidated damages (PLDs) are an essential element of most engineering, procurement, and construction (EPC) contracts, especially those related to solar and biogas projects; they make...more

No Funding, No Award: GAO Upholds Corps’ Late-Stage Solicitation Cancellation

In Davenergy-VCI JV, LLC, B-423332, April 29, 2025​, Davenergy-VCI protested the cancellation by the Army Corps of Engineers (Corps) of a solicitation for architectural engineering construction management services for medical...more

BCLP

Jaevee Homes v Fincham: WhatsApp Users Take Note!

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In this Insight, first published in PLC, Anna Blest and Katharine Tulloch consider the decision in Jaevee Homes Ltd v Fincham (t/a Fincham Demolition) [2025] EWHC 942 (TCC), in which the court concluded, among other things,...more

Hogan Lovells

Energy Buzz: Trends in construction contracts for energy transition projects

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With plans for energy transition infrastructure projects well underway, their successful delivery demands that parties swiftly get to grips with the important issues when negotiating, administering and managing claims and...more

Kohrman Jackson & Krantz LLP

Ohio Courts Reinforce Arbitration Provisions Despite Conflict, Missing Signatures and Litigation

Ohio courts are reaffirming a consistent and increasingly important theme: if your contract contains an arbitration clause, expect to be held to it. Three recent appellate decisions—Denham v. Encino Energy, LLC,...more

Gray Reed

Weathering the Storm – Part 3: Force Majeure in Construction Contracts

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Unexpected devastating weather events such as hurricanes, tornados, earthquakes, fires and other natural disasters can strike at any time, leaving construction projects in disarray. While Mother Nature is often unpredictable,...more

Gray Reed

Understanding Lumber Tariffs: What Texas Contractors Need to Know

Gray Reed on

In the face of increased tariffs, including a 14.38% tariff on Canadian lumber, the lumber market is undergoing developments that could have substantial implications for construction projects across Texas. It is important to...more

Conn Kavanaugh

Update Your Construction Contract! Massachusetts Supreme Judicial Court Holds that Breach of Contractual Indemnity Provision is...

Conn Kavanaugh on

Under the Massachusetts statute of repose, tort claims involving improvements to real estate generally must be initiated within six years of the improvement’s opening to use. So, for example, if a worker suffers a jobsite...more

Gray Reed

What Are Tariffs, What Do They Apply To, and How Do They Impact the Construction Industry

Gray Reed on

April 5, 2025 was a seminal day for both the construction industry and the Trump Administration. It was the day reciprocal tariffs on widely used construction materials were to go into effect. The Trump Administration’s...more

Offit Kurman

How Long Is Too Long? What Statutes of Repose Mean for Your Liability Exposure

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How long are you on the hook for defects in a completed construction project? It’s a question that keeps many contractors and design professionals up at night—and for good reason. No project is flawless, and the duration of...more

Clark Hill PLC

Colorado Supreme Court rules there is no exception to the economic loss rule for willful and wanton conduct

Clark Hill PLC on

On April 21, the Colorado Supreme Court held that there is no exception to the economic loss rule (“ELR”) for willful and wanton conduct. In Mid-Century Ins. Co., v HIVE Constr., Inc., the court drew an important distinction...more

Bradley Arant Boult Cummings LLP

Proportional Fault Indemnification Provisions Held Enforceable in Alabama

The Alabama Supreme Court found that an indemnification provision was enforceable that required a subcontractor to indemnify a general contractor on a proportional-fault basis against liability for death or personal injury. ...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Law Insights, Issue 4, April 2025

Welcome to our fourth issue of The Site Report for 2025! In this edition, we address the impact of tariffs, the AI revolution, the use of drones, an update on the universal reciprocity law, examining issues with office to...more

Lathrop GPM

Colorado Supreme Court Clarifies - a Bit - the Economic Loss Rule

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In a case that could have far reaching implications for business and construction litigation, the Colorado Supreme Court issued an opinion on April 21, 2025, providing some greater clarity on the economic loss rule under...more

Moritt Hock & Hamroff LLP

MHH Condo/Co-op Digest - May 2025

This newsletter explores the emerging legal topics and issues affecting the condominium and cooperative services industry. Thought-leading attorneys from Moritt Hock & Hamroff’s Condominium and Cooperative Services Practice...more

ArentFox Schiff

SJC Expands Contractual Exception to the Massachusetts Statute of Repose

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On April 16, the Massachusetts Supreme Judicial Court (SJC), in Trustees of Boston University vs. Clough, Harbour & Associates LLP, held that contractual indemnification claims, arising from negligence, were not precluded by...more

Cohen Seglias Pallas Greenhall & Furman PC

[Webinar] Construction Contracts Q&A: Tariffs, Escalation and Other Clauses - May 15th, 12:00 pm - 1:00 pm ET

With new tariffs, trade tensions and rising material costs reshaping the construction landscape, many contractors and owners are unsure how to protect their contracts—and what to expect next. Join members of our...more

Stevens & Lee

Seeking Equitable Adjustments in New Jersey Public Contracts: How Proposed 2025 Tariffs Could Trigger Relief

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President Donald Trump has announced tariffs on approximately 60 countries, including the United States’ three largest trading partners, China, Canada and Mexico. As a part of these tariffs, goods imported from Mexico and...more

Sullivan & Worcester

Massachusetts SJC Rules That Statute of Repose Does Not Bar Contractual Indemnification Claim Against Architect

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On April 16, 2025, the Massachusetts Supreme Judicial Court (the “SJC”) issued a decision concluding that a claim based on a negotiated contract providing for indemnification of damages caused by an architect’s negligence...more

Saul Ewing LLP

PLAs’ Long Strange Trip Under the Biden and Trump Administrations and What It Means for Contractors Today

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Between Biden’s “most pro-union president ever” term and Trump’s recent federal policy changes done more by chainsaw than scalpel, Project Labor Agreements (PLAs) have endured a tumultuous path recently. Used primarily on...more

Saul Ewing LLP

AIA Releases Updated Design-Build Forms

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Earlier this year, the American Institute of Architects (“AIA”) released updated form contract documents for traditional design-build (“Traditional DB”) construction projects and introduced a new set of progressive...more

Gould + Ratner LLP

Riding the Tariff Roller Coaster: Considerations for Construction

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“What goes up might take us upside down. Life ain’t a merry-go-round; it’s a roller coaster.” – Bon Jovi The song may not have been about international trade, but the lyrics are certainly fitting for today’s unpredictable...more

Adams & Reese

Louisiana Supreme Court Issues Key Ruling on Contractor Summary Judgment

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Earlier this month, the Louisiana Supreme Court issued a significant decision that holds implications for insurers and their insured contractors and subcontractors, particularly concerning summary judgment procedures in...more

Davis Wright Tremaine LLP

Contractor's Claim Denied: The Importance of Knowing Prior Projects in Differing Site Condition Disputes

In Skanska Civil USA Southeast, Inc. ASBCA Nos. 61220, 61347 (April 3, 2025), the Armed Services Board of Contract Appeals denied the contractor's claim for differing site conditions. The contractor asserted claims for...more

BCLP

"Battle of the Forms” in the Hong Kong Construction Industry

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What lawyers call a “battle of the forms” occurs when two parties, negotiating a contract, exchange conflicting standard terms during the contract negotiation and formation. This leads to the obvious and not uncommon dilemma:...more

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