Articles

Miller Act Bonding: Requirements and Waiver

G. Scott Walters and Parker A. Lewton, Smith, Currie & Hancock LLP. The statute, 40 U.S.C. §§ 3131–34, formerly known and commonly referred to as the Miller Act, requires contractors…

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Miller Act CLAIMS: Finding Protections and Preserving Your Rights

By: Diana Lyn Curtis McGraw Associate, Fox Rothschild LLP. The Miller Act (the “Act”), which requires the prime contractor to furnish a performance bond and a payment bond to the…

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NASBP Endorses Newly Released ConsensusDocs Joint Venture Line Item Agreement

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Navigating The “Flow-Down” Of Risk Through Multiple Contract Layers

As the name implies, flow-down clauses seek to “flow” (i.e., allocate) obligations and risk from one contract tier to the next. The ostensible purpose is to ensure that the respective…

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Negotiating Material Escalation Clauses

By: Jeanne M. Harrison Associate, Smith Currie & Hancock LLP. Negotiating Material Escalation Clauses I recently bought a new home. One thing I noticed during my house search: new homes are…

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Never accept an AIA A312 performance bond from a subcontractor

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New Consensus Contract Template Offers Lean Practices to Enhance Design-Build Project Delivery

By: Jason Ebe Partner, Snell & Wilmer. Lean construction aims to minimize waste of materials, time and effort and increase the productivity and effectiveness of construction work. ConsensusDocs (“CD”), a…

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New Design-Build Agreement from ConsensusDocs

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New Executive Order Calls for Review on Contractors’ Use of Temporary Foreign Labor

Lori Ann Lange Partner and Sabah Petrov, Associate Peckar & Abramson, P.C.                 In response to the COVID-19 pandemic and its detrimental impact on American workers, on August 3, 2020,…

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