News & Analysis as of

Construction Industry Procurement Guidelines

A&O Shearman

Cost reimbursable vs. lump sum turnkey construction contracts: the many routes to bankability

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In the construction industry, the choice of procurement approach is a critical decision that shapes project risk allocation, financing structures, equity support requirements, and practical execution considerations. Lenders...more

Morgan Lewis

UK Civil Engineering Market Under CMA Scrutiny as Regulator Turns Up Heat on Construction Sector

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The UK’s Competition and Markets Authority (CMA) on 19 June 2025 launched a market study into the supply of public roads and railways across the United Kingdom. This market study, together with recent investigations into the...more

Bricker Graydon LLP

Ohio Department of Commerce Publishes Increased Bidding Threshold for Numerous Public Entities for 2025

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Effective January 1, 2025, the competitive bidding threshold for numerous Ohio public entities as set forth in Ohio Revised Code (“ORC”) Section 9.17 increased from $75,000 to $77,250 through 2025....more

Holland & Knight LLP

Construction Industry Update: EPA's New Label Program for Construction Material

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The U.S. Environmental Protection Agency (EPA) Office of Chemical Safety and Pollution Prevention released the Implementation Approach for the U.S. EPA Label Program for Low Embodied Carbon Construction Materials on Aug. 7,...more

Schwabe, Williamson & Wyatt PC

Contractor Association Files Suit to Halt Biden’s Federal PLA Mandate

January 12, 2024 Shareholder Shareholder Shareholder On January 10, 2024, Associated General Contractors of America and the Louisiana Associated General Contractors filed suit to enjoin President Biden’s Executive Order 14063...more

Ankura

Navigating The Five Phases in the Lifecycle of a Construction Project

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This paper emphasizes the significance of risk and dispute management during the lifecycle of a construction project, highlighting how the early detection of issues can contribute to successful project outcomes. It emphasizes...more

Vinson & Elkins LLP

When Contractors Become Project Owners: Opportunities, Risks and Conflicts for Japanese Contractors to Consider When Taking Equity...

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Japanese heavy-industries companies that typically act as contractors or suppliers on projects are increasingly invited to contribute as equity investors in the projects they construct or supply major equipment to, thereby...more

Bricker Graydon LLP

[Hybrid Event] 15th Annual Construction Procurement for Public Entities in Ohio - May 11th, Dublin, OH

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This full-day workshop, specifically designed for Ohio public owners, covers the project delivery methods available for public construction projects and when competitive bidding is required. The morning session features a...more

Miller Nash LLP

[Webinar] The Dos and Don'ts of Public Contracting in 2023—Procurement Processes - February 28th, 9:00 am - 10:30 am PDT

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Public contracting presents a unique set of hurdles and risks that do not typically arise in the private contracting setting. In this complimentary webinar, our experienced construction and public law attorneys will discuss...more

Bradley Arant Boult Cummings LLP

Bilateral Modification Releases: A Mid-Project Trap for the Unwary

The Armed Services Board of Contract Appeals (“ASBCA”) recently granted a motion for summary judgment, filed by the U.S. Army Corps of Engineers (“Corps”) in Odyssey International, Inc. in which the Corps argued that the...more

Cohen Seglias Pallas Greenhall & Furman PC

[Ongoing Program] Part Three: Common Mistakes During the REA, Claim, and Appeal Process - October 6th, 12:00 pm - 1:00 pm ET

Avoiding Common Mistakes in Federal Construction Contracting: A Three-Part Webinar Series - Contracting with the federal government on construction projects is full of traps for the unsuspecting, and the potential rewards...more

Cohen Seglias Pallas Greenhall & Furman PC

[Ongoing Program] Part Two: Common Mistakes During Project Performance - September 13th, 12:00 pm - 1:00 pm ET

Avoiding Common Mistakes in Federal Construction Contracting: A Three-Part Webinar Series - Contracting with the federal government on construction projects is full of traps for the unsuspecting, and the potential rewards...more

Cohen Seglias Pallas Greenhall & Furman PC

[Ongoing Program] Part One: Common Mistakes During the Bid and Proposal Preparation - August 18th, 12:00 pm - 1:00 pm ET

Avoiding Common Mistakes in Federal Construction Contracting: A Three-Part Webinar Series - Contracting with the federal government on construction projects is full of traps for the unsuspecting, and the potential rewards...more

Schwabe, Williamson & Wyatt PC

Buy Indian Act Revised to Better Comply with Biden’s Racial Equity Order

Effective May 9, 2022, Native tribes, workers, and businesses may face fewer hurdles when competing for federal construction projects due to several revisions the Department of the Interior has published to its Department of...more

Bricker Graydon LLP

[Event] 14th Annual Construction Procurement for Public Entities in Ohio - May 12th, Columbus, OH

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This full-day workshop, specifically designed for Ohio public owners, covers the project delivery methods available for public construction projects and when competitive bidding is required. The morning session features a...more

BCLP

The new security of payment regime in Hong Kong – key issues to consider before its implementation

BCLP on

With the Hong Kong Development Bureau’s (DevB) contractual security of payment regime coming into effect from 31 December 2021 (the SOP regime), we now examine some important challenges which facing the Hong Kong construction...more

Bricker Graydon LLP

[Ongoing Program] Beginning a Project – Decision Points - September 29th, 12:00 pm - 1:15 pm EST

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19th Annual Top Gun Premier Midwest Construction Claims Webinar Series - Bricker & Eckler's construction attorneys are proud to present "Top Gun," our premier Midwest construction claims webinar series. This free event...more

Bricker Graydon LLP

[Webinar] Construction Webinar Series: Streamlining Procurement with Term Agreements for Design Professionals, CMRs &...

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This webinar is part of the 13th annual Selecting Project Delivery Methods & Bidding Public Construction Contracts Webinar Series. With carefully crafted procurement and contract documents, a “term agreement” and “task...more

Bricker Graydon LLP

[Webinar] Construction Webinar Series: Selecting a Design Professional & CMR – Mock Evaluation Committee Meeting - July 8th, 12:00...

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This webinar is part of the 13th annual Selecting Project Delivery Methods & Bidding Public Construction Contracts Webinar Series. Evaluating, scoring and selecting construction professionals in accordance with statutory...more

Bricker Graydon LLP

[Webinar] Construction Webinar Series: Cost-Plus Pricing & GMP Pitfalls – What You Need to Know When Contracting with a CMR or...

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This webinar is part of the 13th annual Selecting Project Delivery Methods & Bidding Public Construction Contracts Webinar Series. The CMR and DB models provide numerous benefits to project owners. However, guaranteed...more

Bricker Graydon LLP

[Webinar] Construction Webinar Series: Bid Alternates & Sole Source - June 10th, 12:00 pm - 12:45 pm EST

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This webinar is part of the 13th Annual Selecting Project Delivery Methods & Bidding Public Construction Contracts Webinar Series. Bricker attorneys Doug Shevelow and Sam Lewis will discuss best practices for bid...more

Bricker Graydon LLP

[Webinar] Construction Webinar Series: CMR & Design-Build Procurement - June 3rd, 12:00 pm - 1:00 pm EST

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This webinar is part of the 13th Annual Selecting Project Delivery Methods & Bidding Public Construction Contracts Webinar Series. Bricker attorneys Mark Evans and Laura Bowman will review the statutory procurement process...more

Bricker Graydon LLP

[Webinar] Wednesday Webinar: Signed, Sealed, Delivered – Understanding Construction Procurement for Schools (Pre-K to 12) -...

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It's no longer just bidding! Bricker attorneys Casey Cross and Chris McCloskey will share the risk factors to consider when selecting a construction delivery model, as well as what you need to know to make sure your district...more

Bricker Graydon LLP

[Webinar] Beginning a Project – Decision Points - October 1st, 12:00 pm - 1:15 pm EST

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Bricker & Eckler's construction attorneys are proud to present "Top Gun," our premier Midwest construction claims webinar series. This free event will cover: - Important construction concepts, including key contract...more

Farella Braun + Martel LLP

Engineering, Procurement and Construction Agreements for Utility-Scale Battery Projects

The negotiation of an engineering, procurement and construction (EPC) agreement for a battery energy storage systems (BESS) project typically surfaces many of the same contractual risk allocation issues that one encounters in...more

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