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Unintended Consequences of Incorporating Subcontractor’s Proposals in the Subcontract

Contractor and subcontractor negotiations often lead to contract terms and language being incorporated into the subcontract agreement, which then leads to surprising results when issues arise. These results often occur when...more

Cost Escalation - Are You Ready? Contract Tune Up for 2022

Looming large on the 2022 construction landscape horizon is the specter of cost escalation claims. Over the past year, rising prices have become extreme, and the clauses governing cost escalation have come under greater...more

Construction Cost Impacts Post COVID-19: Cost Escalation and Delay

The current state of the construction industry as it concerns cost escalation and supply issues is one of uncertainty and time of performance problems resulting in increasing costs. There are major disruptions and delays in...more

California Construction Law Update for 2021

In the 2020 COVID-19 year, there were not that many construction-related cases decided by the California Courts of Appeal, and none by the California Supreme Court. However, there were a number of interesting cases that raise...more

Recovering Construction Costs for A Virus Outbreak—Shifting the Risk for Unforeseen Epidemic Costs Was Not Allowed

Now that COVID-19 impacts and costs are a fact of life, what can we expect in the way of decisions regarding compensation for costs incurred by contractors? If the case of Pernix Serka Joint Venture v. Department of State,...more

Teaming Up? Avoid Unenforceable Agreements to Agree

There is a growing trend in the construction industry wherein contractors, subcontractors and designers are working together to pursue large construction projects. This trend is accelerating as more public entities choose to...more

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