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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

J.S. Held

Explaining Standard of Care in Construction Disputes

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Setting the Stage for Construction Litigation Support - The scale and complexity of construction projects often lead to a different outcome than expected, creating a dispute between the parties. Many construction disputes...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

J.S. Held

Exploring Wood-Framed Roof Collapses: Causation and Identifying Responsible Parties

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AN OVERVIEW OF THE CAUSES OF ROOF FAILURE - Collapses of wood-framed roofs are frequently reported in North America, ranging from simple agricultural roofs to complex roofs in industrial buildings. Controllable factors...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

Spilman Thomas & Battle, PLLC

The Site Report - Construction Law Insights - Issue 6, June 2023

World’s Largest 3D Printed Building Erected in Florida - “With a total floor area of more than 10,100 sq ft or about 940 m2, the structure is apparently nearly 50% larger than the previous record-holder in the Middle East,...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Law Insights, Issue 4, April 2023

Here are the Top Risks for the Construction and Engineering Sector - “Business interruption/supply chain disruption and natural catastrophes are the top risks for the construction and engineering industry, followed by the...more

Spilman Thomas & Battle, PLLC

3-D Printing, Construction and the Next Frontier

The Site Report has extensively discussed the developments of 3-D printing building construction and its impact on the construction industry. 3-D printing structures is becoming more commonplace. Last month, Iowa State...more

JAMS

JAMS Global Construction Solutions, Winter 2023 - The Latest News in Construction ADR from the World’s Leading Neutrals

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Investor-State Mediation- A New Way to Deal with Old Problems? In common with commercial arbitration, a large proportion of treaty-based Investor-State disputes involve construction issues. In the Annual Report of 2021...more

Tarter Krinsky & Drogin LLP

Law Brief®: David Pfeffer and Richard Schoenstein Discuss the Legal Implications of Infrastructure Collapses

On the latest Law Brief® episode, David Pfeffer, Partner and Chair of the Construction Practice, joins Host Richard Schoenstein to discuss the legal implications of building collapses, and more common partial collapses. David...more

Bricker Graydon LLP

[Webinar] Construction Webinar Series: Design Professional Procurement - May 6th, 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. Ohio public entities are required to follow statutory processes for hiring design...more

Cohen Seglias Pallas Greenhall & Furman PC

Design-Build: Everything That Was Old Is New Again

Presented by Cohen Seglias attorney Michael F. McKenna on December 3, 2020. Over the past few decades, the design-build delivery method has made a resurgence, presenting an alternative to the traditional design-bid-build...more

Cohen Seglias Pallas Greenhall & Furman PC

[Webinar] Design-Build: Everything That Was Old Is New Again - December 3rd, 12:00 pm - 1:00 pm ET

Over the past few decades, the design-build delivery method has made a resurgence, presenting an alternative to the traditional design-bid-build project delivery method. In design-build, an owner contracts with a single...more

Miles Mediation & Arbitration

[Webinar] Construction ADR Webinar: Residential & Multi-Family Construction Disputes: Is There A Practical Solution? - September...

Join Miles mediator and arbitrators Jennifer Grippa and David Matthews, along with Frank Brown, partner in Weissman Law and General Counsel of the Greater Atlanta Home Builders Association, Inc., Jerry Warshaw, Founder and...more

K&L Gates LLP

COVID-19: EPC and EPCM in Large Construction Projects Post COVID-19

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COVID-19 has highlighted some of the existing problems in the construction market such as fragmentation, low profitability and often low satisfaction for both owners and contractors (due to time and budget overruns and...more

White & Case LLP

Advance payment guarantees: three unsuccessful attempts to prevent encashment

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Advance payment guarantees are commonly used in the construction industry. However, successful challenges to a demand made under an advance payment guarantee appear to be less common. This article looks at three recent cases...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

White & Case LLP

Allocation of Risk in Construction Contracts (Updated)

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Risk in construction contracts - 'Risk', in a project delivery context, can be defined as 'an uncertain event or set of circumstances that, should it occur, will have an effect on the achievement of one or more of the...more

Bradley Arant Boult Cummings LLP

Federal Court Rules Contractor Is Not Intended Third-Party Beneficiary under Owner-Engineer Agreement

In March, a Massachusetts federal court addressed whether a design-builder contractor could recover for breach of contract under an intended third-party beneficiary theory against a design firm hired by the project owner to...more

Bradley Arant Boult Cummings LLP

Federal Court Expresses Public Policy Concern Regarding Economic Loss Rule

In Prestress Services Industries of TN, LLC v. W.G. Yates & Sons Construction Co., 280 F.Supp.3d 908 (N.D. Miss. 2017), the United States District Court for the Northern District of Mississippi faced a “rather interesting...more

Clark Hill PLC

Do Architects and Engineers Owe a Legal Duty to Non-Contracting Parties?

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Do architects and engineers owe a common law duty (i.e. non-contractual duty) to Contractors or Owners for alleged negligence, errors, or omissions when performing services? That answer may depend on what services are at...more

Jones Day

FIDIC Updates its Rainbow Suite of Contracts

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Background: Fédération Internationale Des Ingénieurs-Conseils ("FIDIC")'s Red (Construction), Yellow (Plant and Design and Build) and Silver (EPC) Books ("Rainbow Suite of Contracts") are widely used on major construction and...more

Carlton Fields

District Court Refuses To Bind Surety To Subcontract Arbitration Clause

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An engineering company was hired to perform work in connection with construction and renovation of the South African Embassy, and subcontracted for sheet metal work with a third party. The subcontract contained an arbitration...more

Troutman Pepper

Pennsylvania Commonwealth Court Holds Owner Which Relied Upon Engineer in Withholding Payment May Obtain Indemnity from Engineer...

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Klipper Constr. Assocs., Inc. v. Warwick Twp. Water and Sewer Auth., 2014 Pa. Commw. Unpub. LEXIS 718 (Pa. Commw. Ct. Dec. 16, 2014) - Warwick Township Water and Sewer Authority (“Owner”) hired Carroll Engineering...more

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