News & Analysis as of

Contract Drafting Construction Industry

Bennett Jones LLP

Do You Need to Rush to Mediate? Ontario Court of Appeal Clarifies Interpretation of Multi-Step Dispute Resolution Clause

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Multi-step dispute resolution (MSDR) clauses introduce escalating stages of conflict resolution, which are aimed at promoting settlement prior to engaging in full scale litigation or arbitration. MSDR clauses typically...more

Mayer Brown

Contractual Clarity is Paramount in Offshore Construction Projects (Pharos v. KML)

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The High Court (TCC) recently handed down a notable decision in Pharos Offshore Group Ltd v Keynvor Morlift Ltd [2025] EWHC 1764 (TCC), emphasising the importance of contractual clarity in offshore construction projects. This...more

Smith Debnam Narron Drake Saintsing & Myers,...

The Legal Impact of Supply Chain Disruptions on Construction Projects

In today’s global economy, construction projects are more interconnected than ever. Materials, equipment, and skilled labor often come from a variety of domestic and international sources. When any link in this chain breaks...more

Allen Matkins

How to Prepare for 5% Retention in California Construction Contracts

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With Governor Newsom’s signature to Senate Bill No. 61 on July 14, 2025, California joined a growing number of states that have passed legislation to cap the amount of retention that owners, contractors, and subcontractors...more

Ankura

Part 2: Types of Capital Project Audits

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Our first article in this series discussed the reasons and benefits of performing project audits. This follow-up article discusses the types of audits and ties back to the first article's specific reasons for each audit....more

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

Blake, Cassels & Graydon LLP

Clauses clés dans les contrats de construction : Conseils pratiques pour assurer la réussite des projets

Le contexte juridique et commercial au sein du secteur de la construction étant en constante évolution, les contrats connexes doivent suivre le pas. Ces dernières années, les tribunaux et les parties contractantes mettent...more

Cohen Seglias Pallas Greenhall & Furman PC

Managing Construction Contracts in an Era of Tariffs and Escalation

Tariffs, trade tensions and material cost escalations are more than just headlines—they are challenges that contractors face every day. In our recent Q&A webinar, we tackled contractors’ pressing questions on protecting...more

Porter Hedges LLP

How do you solve a problem like a tariff? Understanding and addressing tariff risks in construction contracts.

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Since February 2025, numerous tariffs affecting the construction industry have been announced, imposed, and paused. These tariffs present a problem for parties drafting and negotiating construction contracts—namely how to...more

Stoel Rives LLP

A Primer For Decoding Legal Jargon In Construction Contracts

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Construction is an industry with a long history that stretches back thousands of years. Over time, the industry developed its own specialized language. Indeed, the “Oxford Dictionary of Construction, Surveying and Civil...more

Bennett Jones LLP

Navigating US-Canada Tariff Tensions: Managing Risk in Construction Contracts

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Driven by growing housing needs, clean energy policies and a high volume of telecommunications transactions, demand for Canadian infrastructure projects have been rising. However, recently announced US tariffs on Canadian...more

Cohen Seglias Pallas Greenhall & Furman PC

[Webinar] How to Protect your Rights on a USACE Dredging Project - March 19th, 12:00 pm - 1:00 pm ET

Join Cohen Seglias Government Contracting attorneys Michael Payne, Casey McKinnon and Steve Tobin for an in-depth discussion on how to protect your rights on dredging projects with the U.S. Army Corps of Engineers (USACE)....more

Stoel Rives LLP

Subcontracts: Tips For General Contractors And Subcontractors

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Drafting and negotiating subcontracts can be tricky for both general contractors and subcontractors. General contractors are caught in between owners and subcontractors as the ones that will be held responsible for the work...more

Smith Debnam Narron Drake Saintsing & Myers,...

Understanding the Basics of a Construction Contract

Construction contracts are essential in the construction industry, governing the relationships and responsibilities of all parties involved in a project. Whether you’re a contractor, subcontractor, or property owner,...more

Miller Nash LLP

Contract Drafting 101: Implied Warranties and Design Delegation

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Important elements of a strong construction contract include implied warranties and design delegation. It is necessary to pay close attention to these concepts to protect against future disputes. When a contractor is...more

Bradley Arant Boult Cummings LLP

The Basics of Contract Interpretation: A Primer for Non-Lawyers in the Construction Industry

Every first year law student in the U.S. takes a course on the Law of Contracts. It’s a rite of passage where lawyers-to-be learn all about things like consideration and legally-enforceable promises. And as lawyers, we also...more

BCLP

NEC4 Professional Service Contract - an introduction and overview

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Lucy Hawley takes a look at the NEC Professional Service Contract, considering the features of the form and what projects are particularly well suited to it.  ...more

American Conference Institute (ACI)

[Event] 7th Annual Conference on Managing Risk in Construction Contracts & Projects – Eastern Canada Edition - February 23rd -...

Hosted by CI, the 7th Annual Conference on Managing Risk in Construction Contracts & Projects – Eastern Canada Edition returns to Toronto for another exciting year with curated programming that addresses the most critical...more

American Conference Institute (ACI)

[Event] Managing Risk in Construction Contracts & Projects – Eastern Canada Edition - February 23rd - 24th, Toronto, ON, Canada

Reconnect with your peers and key stakeholders from construction companies, public sector, and infrastructure! The Canadian Institute’s 7th Annual Conference on Managing Risk in Construction Contracts & Projects – Eastern...more

K&L Gates LLP

Discombobulated Contractual Communications? Let Us Be Clear!

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Introduction - Imagine you are on a construction site somewhere in the Middle East. On-site you will likely hear the following phrases and mutations thereof: “Are you going to answer me?” and “Why are you telling me this...more

JAMS

JAMS Global Construction Solutions, Fall 2021 - The Latest News in Construction ADR from the World’s Leading Neutrals

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Value Engineering Construction Arbitration - Designing a Better Process and Techniques Arbitrators Can Use to Help Parties Reach a Faster, More Cost-Effective Resolution - The rapid growth of construction arbitration...more

Seyfarth Shaw LLP

Contract Drafting Tip: “LEED” Damages and the Waiver of Consequential Damages Clause

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Potential damages arising from the failure to achieve statutory or contractual requirements concerning Leadership in Energy and Environmental Design (LEED) or other green building standards are far ranging and may include:...more

Gould + Ratner LLP

Constructing a Data Center: Understanding the Key Issues

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With society’s increased reliance on working remotely, vis a vis through “the cloud” and need for unfettered amounts of storage and processing power, data centers seem to be popping up almost everywhere you turn. In fact,...more

Gould + Ratner LLP

Let the Sun Shine: Best Practices For Solar EPC Contracts

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For a variety of reasons, the solar industry has experienced, and will continue to experience, record growth. According to the Solar Energy Industries Association and Wood Mackenzie, a global energy and chemical research...more

BCLP

Global Water Associates: applying Hadley v Baxendale

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From time to time, those seminal cases we all studied during the early parts of our career pop up in practice. We’re all familiar with them: the snail in the bottle in Donoghue v Stevenson; the spurious sounding flu remedy in...more

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