News & Analysis as of

Construction Industry Architects

Bradley Arant Boult Cummings LLP

Consequential vs. Direct Damages

Many construction contracts include a provision that prohibits the parties from recovering “consequential” damages in the event of a breach. Sometimes parties will negotiate and agree to a waiver of consequential damages that...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Law Insights, Issue 7, July 2025

Welcome to our seventh issue of The Site Report for 2025! In this edition, we address direct v. consequential damages in Florida, how the OBBB will fuel construction projects, China's construction of the world's largest...more

Spilman Thomas & Battle, PLLC

Building Design Disputes – New Analysis of Direct v. Consequential Damages in Florida

Are design professionals involved in your Florida project? If so, then you need to be aware of this newly decided case. The U.S. District Court for the Middle District of Florida, in Orlando, issued an Order on July 11,...more

Conn Kavanaugh

Update Your Construction Contract! Massachusetts Supreme Judicial Court Holds that Breach of Contractual Indemnity Provision is...

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Under the Massachusetts statute of repose, tort claims involving improvements to real estate generally must be initiated within six years of the improvement’s opening to use. So, for example, if a worker suffers a jobsite...more

Bricker Graydon LLP

[Hybrid Event] 17th Annual Construction Procurement Seminar for Public Entities in Ohio - May 8th, Dublin, OH

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This full-day seminar, specifically designed for Ohio public owners, covers the project delivery methods available for public construction projects, as well as requirements and best practices for administering procurement...more

Schwabe, Williamson & Wyatt PC

OP-ED: Catching Up on Oregon’s Updated Regulation of Architects

Back in 2023, with little fanfare, the Oregon Legislature passed Senate Bill 224: long overdue legislation that modernized the regulation of the practice of architecture in the state. Though the changes have been in effect...more

Warner Norcross + Judd

Construction Change Management – Common Pitfalls and How to Avoid Them

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During any construction project, unanticipated impacts and revisions to project scope, schedule and cost are almost inevitable. For example, access delays and disruptions arise, unusually severe weather conditions are...more

DarrowEverett LLP

The ABCs of AIA Contracts: Legal Considerations

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Whether you love them, hate them or this is your first-time hearing of them, the AIA form document set, created by the American Institute of Architects (AIA), are the most widely used forms in the construction industry today....more

Spilman Thomas & Battle, PLLC

3D Printing and Modular Construction - A New and Growing Avenue for the Construction Industry

Just as many national, local and company-specific clean energy and sustainability goals are aiming for carbon reduction or carbon neutrality by certain future dates, such as the U.S. federal government’s target of at least 50...more

Clark Hill PLC

New Design-Build Law for School Construction Projects

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For almost the last 90 years, the construction of school buildings in the state of Michigan has been subject to Public Act 306 of 1937 (the “School Building Construction Act”), which generally requires a school district to...more

Porter Hedges LLP

The Initial Decision Maker: Coordinating the Owner-Architect and Owner-Contractor Agreements

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Coordination between the Owner-Architect Agreement and the Owner-Contractor Agreement is crucial for any successful project. In particular, parties most commonly overlook the provisions related to an Initial Decision Maker...more

BCLP

AI and the Construction Industry

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Rapid advances in artificial intelligence (AI) have overhauled business models in many sectors. With productivity in the construction industry lagging behind other sectors, does AI present opportunities to innovate and...more

Stinson LLP

The Unauthorized Use of Architect Drawings or Plans: Is it Theft?

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OVERVIEW - Recently, the California Court of Appeals in Simmons v. Ehm Architecture, Inc., No. D080702, 2023 WL 8888228 (Cal. App. 4th Dist. Dec, 26, 2023) (unpublished), held that an owner giving his architect's plans to...more

Porter Hedges LLP

What do you mean I don’t own the plan?

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The Owner and Architect of a Project may sometimes strongly disagree on who should or does own the designs, plans, and specifications that the Owner pays the Architect and its consultants to produce. The meaning of...more

Bricker Graydon LLP

[Webinar] FREE Webinar for Libraries: How to Hire an Architect – Mind your RFQs! - January 30th, 11:00 am - 12:00 pm ET

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It’s a new year! Have a building project coming up? Need a master facilities assessment or other construction? If so, hiring a design professional will be at the top of your to-do list. Did you know that the Ohio Revised...more

Vinson & Elkins LLP

Transferring Project Design Risk

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Some construction industry commentators have urged a more integrated approach to design and construction, with equitable risk sharing and an effort to ensure that project design will benefit from the experience of companies...more

J.S. Held

Fire Strategy in St. James’s Oncology v Lendlease and the Building Safety Act – An Architect’s Perspective

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Since the major fire event at Grenfell Tower in June 2017, a significant period of cultural and professional change has occurred within the construction industry in regard to fire safety. During this period, we have seen the...more

Bradley Arant Boult Cummings LLP

How Final Is a Final Award? Turns Out, It Is Difficult to “Escapes!” a Final Arbitration Award in a Construction Conflict

How final is a final arbitration award? In Escapes! To the Shores Condominium Association, Inc., et al. v. Hoar Construction, LLC, and Architectural Surfaces, Inc., the plaintiff condo association argued that an arbitration...more

Rumberger | Kirk

Win for Contractors on Start Time of Florida Construction Statute of Repose

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Last October, Rumberger attorney Jason Bullinger and attorney Dan Webster at Daniel J. Webster, P.A. obtained a win for Florida contractors, engineers, and architects in Florida by persuading a Volusia County Circuit judge...more

Ward and Smith, P.A.

The Design-Build Contract Blueprint: Exploring the Boundaries of Architectural Services for General Contractors

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Do design-build contracts allow general contractors to perform as architects?  Not directly. As design-build contracts grow in popularity, it's important that general contractors, owners, and architects understand which...more

Smith Anderson

Construction Project Participants Face Differing Time Limits for Claims as NC Court of Appeals Interprets Definition of...

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The North Carolina Court of Appeals recently issued a decision in Gaston County Board of Education v. Shelco, LLC, et al that has the potential to significantly impact the time limits for claims on construction projects....more

Stoel Rives -  Ahead of Schedule

Ways to Guard Against Insolvency Risks

Headlines such as “US set for recession next year, economists predict,” from the June 12 edition of the Financial Times, are a reminder insolvency risks are real and should be top of mind when moving forward with new...more

J.S. Held

The Challenge of Culture Change to Ensure Fire and Building Safety: An Architect’s View

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Several devastating fires in recent years have put a spotlight upon the safety and quality of buildings in the United Kingdom. Following the Grenfell Tower disaster, in 2018 Dame Judith Hackitt, the former chair of the Health...more

Cohen Seglias Pallas Greenhall & Furman PC

Recent Changes to Design-Build Construction in New Jersey

At the end of April 2021, the “Design-Build Construction Services Procurement Act” (the Act) became law in New Jersey. The Act brings important changes to how publicly-funded construction projects are awarded in the state by,...more

White & Case LLP

Key considerations for project owners in the construction of design-led projects in Saudi Arabia

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A number of iconic, large-scale construction projects are currently in development as part of the Kingdom of Saudi Arabia's Vision 2030 − an ambitious strategic blueprint for the creation of a more diverse and sustainable...more

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