News & Analysis as of

Construction Industry Contract Terms Construction Contracts

Saul Ewing LLP

Unregistered & Unprotected: What a New Maryland Supreme Court Ruling Means for Builders

Saul Ewing LLP on

A recent decision by the Maryland Supreme Court underscores the importance of following registration and licensing requirements for builders and contractors. In SM Landover, LLC v. Sanders, 489 Md. 614, 330 A.3d 1129 (2025),...more

Tarter Krinsky & Drogin LLP

Consequential Damages: Contract Language Is Key

Judge Andrea Masley of the Supreme Court of New York County rendered a decision in Bldg 44 Developers LLC. v. The Pace Companies of New York LLC, which is highly significant in the area of construction law for two reasons:...more

Saiber LLC

The Saiber Construction Law Column: June 2025

Saiber LLC on

A statute of repose is a law that sets a fixed time limit after which a lawsuit cannot be brought regardless of when an alleged injury occurred or was discovered....more

Sands Anderson PC

Virginia’s Construction Payment Rules Explained

Sands Anderson PC on

General contractors who contract with owner/developers and who construct large, complex projects such as office buildings, shopping centers, and warehouses, often seek to shift the risk of owner/developer non-payment to their...more

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

Fox Rothschild LLP

Lessons Learned – Did I Waive My Claim Against the Government?

Fox Rothschild LLP on

Contractors working with the federal government understand that contract modifications are a fact of life. Projects rarely unfold exactly as planned – and changes to the scope of work, performance deadlines, and pricing...more

Mandelbaum Barrett PC

10 Steps to a Successful Construction Project

Mandelbaum Barrett PC on

Careful Contracting: The Foundation of Every Successful Construction Project - A successful construction project starts long before the first shovel hits the ground. It begins with the contract. As discussed in the...more

Bradley Arant Boult Cummings LLP

Incoterms 101: The Basics of International Trade

Fluency in Incoterms® is helpful for any contractor or materials supplier engaged in international trade. Most recent articles discussing construction and international trade emphasize how tariffs can increase construction...more

Nossaman LLP

Tariffs and Their Impacts on the Life Cycle of Construction Contracts

Nossaman LLP on

In light of recent Executive Orders issued by President Trump concerning tariffs, countries around the world—including the United States—have been forced to reassess existing trade and contractual frameworks. The construction...more

Tarter Krinsky & Drogin LLP

Planning for Construction Costs in the Face of Tariff Uncertainty

The “reciprocal” tariffs announced on April 2nd, 2025, by the Trump administration to address what Trump declared a "large and persistent U.S. trade deficit," were one of the largest shocks to the international trade industry...more

Stoel Rives LLP

Construction Labor Shortages: A Primer for Owners and Contractors

Stoel Rives LLP on

In the post-COVID world of construction, industry analysts and participants have focused considerable attention on material price escalation concerns and impacts caused by raw material shortages, supply chain issues, and...more

Venable LLP

How Owners and Developers Can Mitigate Tariff Risks on Construction Materials and Equipment

Venable LLP on

The Trump administration's imposition of tariffs on steel, aluminum, lumber, and other construction materials, in combination with increased tariffs on raw materials and finished goods from China, Japan, the EU, and...more

Cohen Seglias Pallas Greenhall & Furman PC

For the Construction Industry, Planning Is the Key to Navigating Tariffs

When contemplating advice for contractors or suppliers trying to navigate the current tariff environment, I find President Dwight D. Eisenhower’s wartime advice insightful, “In preparing for battle I have always found that...more

Carr Maloney P.C.

Construction Bonds: What They Are and Why They Matter

Carr Maloney P.C. on

Construction bonds are vital tools in the construction industry. A construction bond is an instrument arising out of suretyship law. A project owner may require a contractor to obtain one or more types of construction bond to...more

Dorsey & Whitney LLP

Navigating Tariff Risks in Construction Contracts

Dorsey & Whitney LLP on

In recent months, changes to tariff laws have had a significant impact on the construction industry. With looming disruptions to global supply chains and material costs rising, there are a number of commercial and legal...more

Kerr Russell

Michigan’s Prompt Payment Act

Kerr Russell on

Like they warned us on Schoolhouse Rock, it is no easy feat for a bill to become enacted into law. Just ask the proposed “Prompt Pay” legislation that currently languishes in Michigan. By way of background, “Prompt Pay”...more

BCLP

Construction Industry Participants Beware: CISG and CISOP and Their Impact on Overseas Procurement

BCLP on

It is common for construction industry participants to source various machinery, materials or components from overseas for construction projects in Hong Kong, or to have part of the construction and fabrication or assembly...more

Mayer Brown

Whats 'Appening? The Impact of Technologies on Legal Formality Requirements?

Mayer Brown on

While lawyers may still be wary of using WhatsApp in their professional life, the business world has been eager to embrace it. But what weight does a WhatsApp message (or the content of any messaging platform) have and how...more

Bradley Arant Boult Cummings LLP

Whose Terms Govern? An Introduction to the Battle of the Forms

For construction lawyers, the Battle of the Forms presents a familiar fact pattern. A material supplier/seller provides a potential buyer with a price quote along with its standard terms. The buyer, usually a contractor or...more

Bricker Graydon LLP

HB 497, Updating Several County Laws Including Those for Construction Projects, Is Now Effective

Bricker Graydon LLP on

House Bill 497 (HB 497) took effect on  April 9, 2025, and introduced various changes to the laws governing counties in Ohio. Below are some  key changes in HB 497 that impact county construction projects....more

Allen Matkins

How are developers navigating uncertainty related to tariffs?

Allen Matkins on

“Tariffs are only part of the uncertainty in the market right now. Many clients, even those with entitled projects, have told me over the past several months that they were pausing on new construction due to interest rate...more

Gray Reed

Incoterms Explained: A Deep Dive into Delivery Duty Paid (DDP)

Gray Reed on

In my most recent post to the Texas Construction Law Blog, I discussed the correlation between Incoterms and tariffs. As a refresher, Incoterms, short for International Commercial Terms, are a set of standardized trade terms...more

Bradley Arant Boult Cummings LLP

Does “Indemnify” = “Hold Harmless”?

Does this sound familiar? Nearly every construction contract contains an indemnification provision with some variation of these terms. And if you have ever negotiated a construction contract, you know that indemnification...more

Bradley Arant Boult Cummings LLP

Stop Guessing the Price – Use Material Escalation Clauses to Protect Your Bid in a Volatile Tariff Climate

In today’s market, contractors often find themselves playing The Price is Right when bidding material costs — trying to hit the number just right without going over. But with new (and changing) tariffs targeting steel,...more

Gray Reed

Weathering the Storm – Part 3: Force Majeure in Construction Contracts

Gray Reed on

Unexpected devastating weather events such as hurricanes, tornados, earthquakes, fires and other natural disasters can strike at any time, leaving construction projects in disarray. While Mother Nature is often unpredictable,...more

448 Results
 / 
View per page
Page: of 18

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide