Topic
Construction Contract
419 published works
Ahead of Schedule
Considerations When Selecting Prime Contractors and Subcontractors
Originally published as an Op-Ed by the Oregon Daily Journal of Commerce on November 17, 2022. Selection of a contractor should be done carefully. There are many good contractors, but…
Construction Advisor Blog
Liquidated damages in construction contracts: Are they enforceable?
By Publisher
Liquidated damages provisions are generally enforceable if they are intended to compensate the non-breaching party rather than penalize the breaching party. The Court’s decision in Young v. Allen Homes provided…
Ahead of Schedule
Can a Contractor Simply Walk Off a Job?
Originally published as an Op-Ed by the Oregon Daily Journal of Commerce on October 20, 2022. “It depends”—two words clients hate to hear from their lawyers. “It depends” is (regretfully)…
Florida Construction Legal Updates
A LACK OF SOPHISTICATION WITH THE CONSTRUCTION CONTRACT CAN PLAY OUT IN AN UGLY DISPUTE
There are times where a lack of sophistication can come back to haunt you. This is not referring to a lack of sophistication of the parties. The parties, themselves, could…
Property Legal Insider
An adjudicator’s decision in the context of the final account process
By Conor Owens, Enda O'Keeffe, Paul Hughes
The Technology and Construction Court (TCC) in England and Wales has recently given judgment in Essential Living (Greenwich) Limited v Elements (Europe) Limited in relation the extent to which an adjudicator's decision…
Best Practices Construction Law
Home Builders and Developers Beware: SC Supreme Court Beats Up Hybrid Arbitration Clauses Mercilessly
Today's guest post is by one of my favorite construction lawyers and friends, Burr partner Ned Nicholson in our Columbia, SC office. Ned regularly represents clients in construction defect and…
Construction Advisor Blog
Contractors: A good construction contract reduces risk, boosts profits
By Publisher
Properly drafted contractual provisions can be among your construction business’s best allies. limit risks increase the costs and decrease the rewards for those who bring groundless claims defend your business…
Construction Law Blog: Nuts & Bolts
Maximizing the Efficiencies of Arbitration in Construction Contracts
Many construction participants know arbitration provides a fair, efficient and expeditious process well-suited to resolving construction disputes. One key to maximizing the efficiencies of arbitration is to avoid disputes over…
Government Contractor Compliance & Regulatory Update
OFCCP Launches Construction Contract Award Portal
OFCCP has launched its new online portal: the Notification of Construction Contract Award Portal (NCAP). NCAP is expected to modernize how OFCCP receives required notices about construction contract and subcontract…
Government Construction Law Update
Court Finds Liquidated Damages Clause Unenforceable
By Joseph Darr
I recently gave a presentation on essential construction contract provisions at the annual conference for the Florida Municipal Attorneys Association. Part of my presentation addressed liquidated damages clauses in government…