Latest News

Not All Insurance Policies Are Alike Regarding COVID-19 Losses- May 6, 2021

By: Neal I. Sklar Partner, Joshua A. Morehouse Associate, Peckar & Abramson, P.C. A recent case from the Central District of California reminds us that not all insurance policies are…

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Not If, But When: Newly Enacted Virginia Legislation Bans “Pay-If-Paid” Clauses In Construction Contracts 

Recently passed legislation in Virginia is likely to dramatically change contractual relationships between prime contractors and subcontractors in the Commonwealth. 

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Not So Fast, My Friend: Pacing and Concurrent Delay

By: William E. Underwood Partner, Jones Walker LLP. When critical path activities are delayed by the owner (or another party), contractors will sometimes “pace,” or slow down, other activities to…

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Opening Up the Doors (Roads) for Design-Build Contracts on Highway Projects

The Department of Transportation in my home state of New Mexico is the latest to allow the design-build delivery method for highway projects. Although design-build had been approved in New…

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Overtime! – When the Statute of Limitations Isn’t Game Over For Your Claim 

Bradley E. Sands, Associate, Jones Walker LLP. Statutes of limitations establish the period of time within which a claimant must bring an action after it accrues. An action can be…

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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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Paving the Way for Innovation — Why ConsensusDocs is Increasing Our Prices

One of our core values at ConsensusDocs is innovation. Innovation — along with trust and collaboration — allows us to help the construction industry build a better way by developing…

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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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