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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
While good communication alone may not guarantee the success of a construction project, a lack of communication among the project team will almost always doom a project to failure. With so many moving parts, clear and...more
Constructing a hotel is a complex endeavor that requires meticulous planning and execution to meet the expectations of both the developer and the flag. One of the critical aspects of this process is ensuring that the...more
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
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
“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
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
Well, Q1 of 2025 ended with a bang and continued the expansion of transactional work for the Gray Reed Construction Team. The announcement of tariffs and feared disruptions in the supply chain certainly created a point of...more
Manufacturing construction is booming across Texas in early 2025, with Samsung’s landmark $17 billion semiconductor facility in Taylor, Texas leading the charge as part of a broader trend concentrated along major metro areas...more
Ask anyone with experience on construction projects, particularly large, complex “mega-projects,” and they will tell you that disputes are an expected part of doing business. It is rare that these projects come in on schedule...more
1. DOES A D & B CONTRACTOR HAVE TO CHECK THE ER DESIGN? A design and build contractor may agree to complete the design of a project but does that responsibility extend to checking the design in the Employer's...more
In this Insight, Shy Jackson and Rebecca Maxwell consider what we can learn from the case of Workman Properties Ltd v Adi Building & Refurbishment Ltd [2024] EWHC 2627 (TCC) which provides a salient reminder of the importance...more
During a recent webinar, “Dispute Resolution Considerations in Construction Contracts”, I was joined by my colleagues Chris Kolosov and Emily Anderson to discuss the dispute resolution alternatives available to parties...more
Disputes are a fact of life in the construction industry. As a practicing construction attorney for twenty years, both with a law firm and as in-house at a national construction contractor, I have negotiated and helped...more
1. AN AGREEMENT TO AGREE IS UNENFORCEABLE – OR IS IT? An agreement to agree is not enforceable. For example, in a sale of goods contract, price is an essential ingredient, and if still to be agreed between the parties,...more
1. SUPREME COURT PUTS COLLATERAL WARRANTIES IN THEIR THEIR PLACE - Can a collateral warranty be a "construction contract" under the Construction Act, an agreement for the carrying out of construction operations?...more
A recent decision from the U.S. District Court for the Southern District of Florida demonstrates how facts supported by documents generated during the project can be vital to prime contractor/subcontractor disputes. In...more
Bricker Graydon's construction attorneys are proud to present "Top Gun," our premier Midwest construction claims seminar. This seminar will cover: - Important construction concepts, including key contract language, best...more
In NASDI, LLC v. Skanska Koch Inc. Kiewit Infrastructure Co. (JV), 2024 WL 1270188 (2d Cir. Mar. 26, 2024), the U.S. Court of Appeals for the Second Circuit affirmed the District Court’s grant of summary judgment dismissing a...more
On Monday, June 17, 2024, the Supreme Judicial Court (“SJC”) issued its decision in Business Interiors Floor Covering Business Trust v. Graycor Construction Company, Inc., et al, which interprets the Massachusetts Prompt...more
An Act Promoting Fairness in Private Construction Contracts (the “Prompt Pay Law,” codified at M.G.L. Section 29E, Chapter149), which imposes new requirements on private construction projects, will apply to all construction...more
Proposed bills in the New York State Assembly and Senate would prohibit the retention of any amount of payment due and owing for materials delivered and accepted for public and private construction projects. The identical...more
In this Insight, Zaynah Mirza considers the case of CLS Civil Engineering Ltd v WJG Evans and Sons (a partnership) [2024] EWHC 194 (TCC) which concerned a number of issues including whether the terms of the letter of intent...more
In the dynamic world of real estate development, the orchestration of real property documents (such as leases, easements, or purchase agreements that are collectively referred to here as “site control documents”) plays a...more
Many construction contracts, especially on private projects, contain alternative dispute resolution provisions. These provisions often incorporate the Construction Industry Rules and Mediation Procedures of the American...more