Articles

Stay Ahead of the Contractual Curve

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Strangers in a Strange Land:  Revisiting Arbitration Provisions to Account for Increasing International Influences

Arbitration is nothing new.  Neither is globalization.  But the two are coming together in ways that have incrementally influenced the manner in which many arbitrations are now conducted.  And this…

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Subcontracting Negotiation Best Practices: Two Live Webinars from ConsensusDocs to Help Keep You Stay Out of Trouble

Without proper flow-down, your subcontracting practices might wash your company out. It is crucial to flow your prime contract to your subcontracts and supply contracts. Even minor word changes in…

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Subcontractor Terminations Are Deadly Serious: Think Ahead, Think Twice, and Think Again

By: Neal J. Sweeney, Partner, Jones Walker LLP. A contractor signs up a sub on a project with high hopes for success. Despite that enthusiasm, the contractor must plan for…

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Subcontractors and Suppliers Rights to Collect May Be Severely Limited Under a Recent Federal Decision

By:  A. Michelle West Construction Law Attorney, Smith, Currie & Hancock LLP. The Miller Act protects subcontractors, suppliers, and other qualifying claimants on public projects from non-payment by requiring general…

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Subtle and not so subtle long lasting effects of COVID on the Construction Industry

By: Frank T. Cara Partner, Troutman Pepper. When is it going to return to “normal”? We all have been asking that question. Well, for the construction industry, it may never…

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Supreme Court Requires Courts to Stay Cases Pending Arbitration

The United States Supreme Court has held that a U.S. District Court must stay a case, rather than dismiss it, if the parties enter arbitration under the Federal Arbitration Act…

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Supreme Court’s End to Chevron Deference Impacts

CDA Claims and Bid Protest Procedures On June 28, 2024, the United States Supreme Court ended the long standing doctrine of Chevron deference. The Court’s decision in Loper Bright Enterprises…

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Sweat the Small Stuff – Don’t Overlook These Three (3) Clauses When Negotiating Your Construction Contract

Reviewing and understanding the terms of your construction contract before signing on the dotted line (ideally with counsel involved) is an obvious best practice – whether you are owner, general…

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