Articles

Owner’s Builder’s Risk Insurance: Are you an insured?

Contractors that have experience with claims under a project owner’s builder’s risk insurance policy will appreciate that it is not only important that your work is covered but also that…

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Owners: Set the Foundation with a Better Design Agreement

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Pass-Through Subcontractor Claims, Liquidating Agreements, and Avoiding a Two-Front War

By: Bradley Sands Associate, Jones Walker LLP. Subcontractor claims happen.  When those subcontractor claims are prompted by owner actions or responsibilities, the general contractor must always be vigilant to plan…

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Pay-if-Paid Prohibition Expands: Will Other States Follow?

By:  Joshua E. Holt Associate, Shoshana E. Rothman Partner, and Lauren P. McLaughlin Partner,  Smith, Currie & Hancock LLP. Virginia has long been known as a state where “contract is…

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Pay-When-Paid: What is a reasonable amount of time to withhold payments to a subcontractor?

By: Brent Laman, Associate, Smith, Currie & Hancock LLP. In an early Rolling Stones classic, Mick Jagger sang, “Ti-i-i-ime is on my side. ”The refrain to that hit melody “yes it…

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Performance Bonds: Avoiding Common Mistakes And Unnecessary Risks

A performance bond ensures the timely satisfaction and completion of a construction contract.  Where a performance bond is issued on a contract between an owner and a general contractor, for…

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Performance Bonds: Follow the Letter of the Bond and
Keep The Surety Informed

By: Bill Shaughnessy, Partner Jones Walker, LLP. Construction surety bonds are risk management tools utilized by parties on large construction projects. However, bonds are not insurance, and a surety is…

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Pick Your Poison: Drafting an Enforceable Forum Selection Clause in the Fourth Circuit

Parties can expect federal courts to scrutinize forum selection clauses in federal public contracts. Subject to multifactor reasonability tests and ambiguity inquiries, only the clearest clauses survive. A North Carolina…

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Precision in Construction Contracts: Lessons from Wood Group v. Targa

The success of any construction project hinges on careful planning, execution, and administration. The same is true for construction contracts. A recent Texas Court of Appeals case, Wood Group USA,…

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