Articles

Design-Assist Collaboration/Follow-up Post

By: John P. Ahlers, founding member, Ahlers Cressman & Sleight PLLC Shortly after posting the blog article “Design-Assist an Ambiguous Term Causing Conflict in the Construction Industry,” I received an…

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Design-Build ‘Work’ Shouldn’t All Be Treated the Same Contractually Speaking: So, Choose Your Contract Carefully

By: Brian Perlberg, Executive Director & Senior Counsel ConsensusDocs Coalition. While traditional contracting or design-bid-build is still the most prevalent project delivery method in the United States construction market, the…

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Design-Build Contract Tools

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Designing a Fair Standard of Care in Design Agreements

One of the concerns faced by construction companies is now design liability. Design liability concerns are not limited to just design-build projects. It is a hot-button issue for builders because…

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DoD Issues Guidance on Inflation Adjustments for Contractors

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…

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Does a No-Damages-For-Delay Provision Preclude a Claim For Disruption Damages?

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…

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Effective Allocation of Damages for Federal Contract Claims

By: 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)…

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Electronically Stored Information Discovery in Arbitration

By: 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…

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Emerging Best Practices for Hospital Projects Getting Leaner and More Efficient

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