Articles

Design Delegation – Practical Considerations and the Need for Clarity

By: Gregory H. Chertoff and Levi W. Barrett of Peckar & Abramson, P.C. “Design Delegation” has existed in various, ad hoc, forms for generations. Building plans from 150 years ago…

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Design-Assist Collaboration/Follow-up Post

By: John P. Ahlers, founding member, Ahlers Cressman & Sleight PLLC Shortly after posting the blog article “Design-Assist an Ambiguous Term Causing Conflict in the Construction Industry,” I received an…

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Design-Build ‘Work’ Shouldn’t All Be Treated the Same Contractually Speaking: So, Choose Your Contract Carefully

By: Brian Perlberg, Executive Director & Senior Counsel ConsensusDocs Coalition. While traditional contracting or design-bid-build is still the most prevalent project delivery method in the United States construction market, the…

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Design-Build Contract Tools

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Designing a Fair Standard of Care in Design Agreements

One of the concerns faced by construction companies is now design liability. Design liability concerns are not limited to just design-build projects. It is a hot-button issue for builders because…

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DoD Issues Guidance on Inflation Adjustments for Contractors

The Department of Defense (“DoD”) recently issued a memorandum to contracting officers (“COs”) guiding the use of economic price adjustment (“EPA”) clauses to address inflation-related cost increases. The memorandum, entitled…

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Does a No-Damages-For-Delay Provision Preclude a Claim For Disruption Damages?

By Erik M. Coon Associate, Smith, Currie & Hancock LLP. Delays and disruptions on construction projects are very similar, but there are important conceptual differences, even though the claims often…

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DOJ’s Cyber Fraud Initiative and Recent Settlements: What Contractors Need to Know

A recent series of high-profile settlements has drawn attention to the U.S. Department of Justice’s (DOJ) pursuit of fraud cases involving cybersecurity and federal contracting. These settlements arise from the…

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Drone Use On Construction Projects

The use of drones, or small unmanned aircraft systems (“UAS”), has become common throughout the construction industry in all phases of construction, including pre-construction, progress of the work, project closeout,…

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