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Hinckley Allen

Changes to the Timing for Prompt Payment on All Connecticut State Contracts are Coming – Be Prepared

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Connecticut’s prompt payment requirements for state contracts are about to change. The Connecticut General Assembly approved the new state budget bill (House Bill 7287), which includes a significant change to Connecticut’s...more

BCLP

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

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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

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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?

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“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

DLA Piper

Supreme Court Paves The Way for Increased Enforcement by Rejecting “Economic Loss” Requirement for Fraud Charges, Broadening...

DLA Piper on

For the last decade and more, the federal courts have grappled with the precise parameters of the federal wire fraud statute (and analogous criminal statutes). Among other things, there has been a Circuit split for some...more

Gordon Rees Scully Mansukhani

Navigating the New Steel and Aluminum Tariffs in the Construction Industry

President Donald Trump has announced new 25% tariffs on steel and aluminum imports into the United States. This measure is part of the administration’s strategy to protect national security and address trade imbalances. ...more

BCLP

Third Party Rights - Welcome Guidance from the High Court

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There is a “a dearth of case law” on s1(1) of the Contracts (Rights of Third Parties) Act 1999 (Act), as observed by Lenon KC, the judge in the case of HNW Lending Ltd v Lawrence [2025] EWHC 908 (Ch). Whilst an accurate...more

Akerman LLP

Tariff Troubles: Analyzing Construction Contracts in the Current Market

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2025 brought with it many new tariffs, and those tariffs seem to be changing on a near-daily basis. Given this, many in the real estate industry are understandably apprehensive about beginning new projects. Many more are...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

Mayer Brown

Legal Developments in Construction Law: May 2025

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1. ABSENCE OF NOVATION SINKS ADJUDICATION AWARD AGAINST ASSIGNEE - A contractor obtained an adjudication award against an assignee of its employer, which had gone into administration.  But was that assignee the correct...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

Goodwin

Maximizing Value in Master-Planned Communities: How to Effectively Negotiate Builder Purchase and Sale Agreements

Goodwin on

The investment strategy historically adopted by investors in the US commercial real estate market has transformed notably in recent years, driven in part by evolving patterns in consumer demand and shifting economic...more

Husch Blackwell LLP

Powerful Promises: Performance Guarantees and Liquidated Damages in Solar and Biogas EPC Contracts

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Performance guarantees and performance liquidated damages (PLDs) are an essential element of most engineering, procurement, and construction (EPC) contracts, especially those related to solar and biogas projects; they make...more

BCLP

Jaevee Homes v Fincham: WhatsApp Users Take Note!

BCLP on

In this Insight, first published in PLC, Anna Blest and Katharine Tulloch consider the decision in Jaevee Homes Ltd v Fincham (t/a Fincham Demolition) [2025] EWHC 942 (TCC), in which the court concluded, among other things,...more

Kohrman Jackson & Krantz LLP

Ohio Courts Reinforce Arbitration Provisions Despite Conflict, Missing Signatures and Litigation

Ohio courts are reaffirming a consistent and increasingly important theme: if your contract contains an arbitration clause, expect to be held to it. Three recent appellate decisions—Denham v. Encino Energy, LLC,...more

Gray Reed

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

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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

Offit Kurman

How Long Is Too Long? What Statutes of Repose Mean for Your Liability Exposure

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How long are you on the hook for defects in a completed construction project? It’s a question that keeps many contractors and design professionals up at night—and for good reason. No project is flawless, and the duration of...more

Saul Ewing LLP

AIA Releases Updated Design-Build Forms

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Earlier this year, the American Institute of Architects (“AIA”) released updated form contract documents for traditional design-build (“Traditional DB”) construction projects and introduced a new set of progressive...more

BCLP

"Battle of the Forms” in the Hong Kong Construction Industry

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What lawyers call a “battle of the forms” occurs when two parties, negotiating a contract, exchange conflicting standard terms during the contract negotiation and formation. This leads to the obvious and not uncommon dilemma:...more

BCLP

Does “Back to Back” Mean “Pay When Paid” in Construction Contracts?

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In Sze Fung Engineering Limited v Trevi Construction Company Limited [2025] HKCA 278, the Hong Kong Court of Appeal (“CA”) ruled that the “back to back” wording in that case was not a “pay when paid” clause, but governed only...more

Kohrman Jackson & Krantz LLP

Avoiding Legal Pitfalls: Understanding Ohio’s Home Solicitation Sales Act

Are you a contractor who sells services directly to customers at their homes or outside your ordinary place of business? If so, do you know about Ohio’s Home Solicitation Sales Act? Understanding this law is crucial, and if...more

Nelson Mullins Riley & Scarborough LLP

Avoiding Contract Conflicts: Five Key AIA Provisions to Align with Lease Agreements

This article continues a series offering practical guidance to developers, owners, and project teams on how to proactively harmonize American Institute of Architects (AIA) construction documents with the broader contractual...more

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