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Material Cost Escalation, Delays and COVID-19: Managing Risk in Challenging Times

Spikes in building material costs and unforeseen delays in delivery are some of the unexpected consequences of the COVID-19 pandemic. The true impact of these consequences in the construction industry are just beginning to be...more

Why Careful Payment Practices Are Important in Post-Pandemic Construction Projects

Construction project partners considering new projects in the post-COVID-19 market face some unfamiliar challenges, including challenges related to prompt payment. Escalating material costs, a still-constricted labor market...more

Change Orders During the COVID-19 Pandemic — Managing Unexpected Construction Costs and Time Overruns

The COVID-19 pandemic has caused cost overruns and project delays that construction owners and contractors could have never imagined before 2020. These unanticipated circumstances can create contract application and...more

Understanding and Enforcing Force Majeure Clauses in Commercial Real Estate Leases During the COVID-19 Pandemic

If I cannot operate my business, am I liable for rent? If the government closed my tenant’s business, not me, why can’t I collect rent? These questions face thousands of commercial tenants and landlords during the COVID-19...more

Seeking Certainty in Uncertain Times: Employing Cost-Plus Construction Contracts in 2020

With the uncertainty of COVID-19 impacting construction projects in new and unfamiliar ways, choosing the right construction contract format has never been more important. A cost-plus contract — also known as a...more

Unknown Territory: Allocating Risk in International Construction Contracts in the Time of COVID-19 and Beyond

COVID-19 has impacted international construction projects in historic and largely unanticipated ways. Construction workforces have evaporated under enforced stay-at-home orders and concerns about worker and societal health...more

Construction After COVID-19: Mitigating Design-Related Risk in a Post-Pandemic Paradigm

Among various other disruptions and turbulence that COVID-19 has brought to the construction industry, it has also introduced new concerns about the way we use and design public spaces. These insights provide new and...more

COVID-19 Workforce Shortages Threatening Your Construction Project? Review Your Indemnity Rights

COVID-19 has created chaos in the construction world. Because of stay-at-home orders, a public and workforce concerned about job-site infection risks, and an already diminished construction labor force in many markets, many...more

Text vs. Context: Why Construction Contract Interpretation Is Critical to Navigating COVID-19

Understanding a construction contract necessarily oscillates between text — what is written — and context — what is intended and meant. In today’s uncertain business environment, an appreciation for that inherent tug-of-war...more

Do I Have a Claim? Enforcing Rights to Contribution or Indemnification During the COVID-19 Pandemic

Construction projects are slowed or disrupted all the time because of one party’s actions and omissions. Enforcing a right to contribution or indemnification because of that party’s failures or missteps can be challenging,...more

Coronavirus Considerations For Property Owners, Developers And Managers

As the coronavirus progresses through the world and our respective communities, it presents both challenges and learning opportunities for commercial and industrial property developers and property managers. Here are five...more

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