Articles

Leftover Equipment and Materials When a Contractor Is Abruptly Terminated

Termination for cause is costly and adversarial and has been covered in this article. But can a terminating party use equipment and tools left behind on the worksite (i.e., a…

Read More

Level 10 Construction v. Sea World LLC: Can Force Majeure Save Sea World?

By: Jamey Collidge Associate, Troutman Pepper. On June 8, 2020, Level 10 Construction, LP (“Level 10”), a construction company hired by Sea World San Diego (“Sea World”), filed a Complaint…

Read More

Lien Release Bonds – Remove Liens, But Not All Liability

Lien Release Bonds – Remove Liens, But Not All Liability  Among owners and contractors, payment and performance bonds are commonly used together in an effort to mitigate future risk against…

Read More

Limitations of Liability: Take on the Project but Don’t Bet the Company

By: James R. Artzer, Associate, Jones Walker LLP Securing a new project brings opportunity for profit and success, but that opportunity also brings great risk. Contract limitations of liability can…

Read More

Limitations: There is a Point of No Return

After nearly any event that causes inefficiency, delay, or extra cost on a project, there are some things you should always do: review the contract and document the inefficiency, delay,…

Read More

Liquidated Damages Clauses in Construction Contracts: Certainty Comes at a Price

Liquidated damages clauses in construction contracts offer contracting parties certainty about the cost of late or incomplete performance. Liquidated damages specify a sum of damages that represents damages that the…

Read More

Living on The Edge: The Unacknowledged Delay/Acceleration

Picture this: you were the successful bidder on a state highway project. The project is scheduled to take about two years. Notice to proceed was issued six months ago, you…

Read More

Look Up And Look Out: Increased Antitrust Enforcement Of Horizontal No-Poach Agreements Signals Heightened Scrutiny Of Vertical Agreements May Be Next

In the current regulatory environment, it is important for contractors to remain vigilant of heightened anti-competitive enforcement in the construction and procurement spheres by the United States Department of Justice…

Read More

Managing Design in Design-Build: Contract Language is Critical for Success

When choosing between the American Institute of Architects (AIA) and ConsensusDocs design-build contract documents, owners and contractors must understand how each will yield vastly different results on critical issues such…

Read More