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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…
Read MoreTed R. Gropman and Christine Z. Fan, Pepper Hamilton LLP Construction contracts often include a “no damage for delay” clause that denies a contractor the right to recover delay-related costs…
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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…
Read MoreBy: Dirk D. Haire Partner, Joseph L. Cohen Partner, and Jane Han Law Clerk, Fox Rothschild LLP. Federal construction contracts law generally recognizes four basic methods for pricing damages: (1)…
Read MoreBy: Richard W. Foltz, Partner, Pepper Hamilton LLP Two years ago in this space, I wrote a piece on Combatting Arbitration Inefficiency, calling for the development of a culture of efficiency in arbitration as a shared value in the…
Read MoreBy: Aaron C. Schlesinger, Partner, & Shannon D. Azzaro, Partner, Peckar & Abramson, P.C. Currently Available Workplace Protocols for Employers Employers seeking to minimize the risk of COVID-19 transmission in…
Read MoreBy: Jacob W. Scott Partner and Jeanne M. Harrison Associate, Smith Currie & Hancock LLP. On September 9, 2021, the Biden administration took two significant steps designed to reduce the…
Read MoreOn February 4, 2022, President Biden issued Executive Order (“EO”) 14063[1]. The EO requires that a Project Labor Agreement (“PLA”) be in place for any federal “large-scale construction projects” estimated…
Read MoreBy: John T. Crowley Associate, Smith, Currie & Hancock LLP. A general contractor’s young project engineer, frustrated with an underperforming subcontractor, asked an old superintendent why the company would not…
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