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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

King & Spalding

New California Law Caps Retention for Private Construction Projects

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California has enacted Senate Bill 61 (“SB-61”), a significant piece of legislation that directly impacts owners and developers of private construction projects in the state. Signed into law on July 24, 2025, SB-61...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

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

Spilman Thomas & Battle, PLLC

The Site Report - Construction Industry Insights, Issue 8, 2025

Welcome to our eighth issue of The Site Report for 2025! In this edition, we address tariff volatility, the effect of AI on the construction industry, solar projects in Ohio and Texas, higher education and modular...more

Stoel Rives LLP

General Contractor Solvency: The Fulcrum of Liability in Disputes

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When it comes to selecting a general contractor for a construction project, owners’ typical considerations are clear: the contractor’s experience, its vision for the job, the quality of its work, and — of course — price....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

Saul Ewing LLP

Unregistered & Unprotected: What a New Maryland Supreme Court Ruling Means for Builders

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A recent decision by the Maryland Supreme Court underscores the importance of following registration and licensing requirements for builders and contractors. In SM Landover, LLC v. Sanders, 489 Md. 614, 330 A.3d 1129 (2025),...more

Tarter Krinsky & Drogin LLP

Consequential Damages: Contract Language Is Key

Judge Andrea Masley of the Supreme Court of New York County rendered a decision in Bldg 44 Developers LLC. v. The Pace Companies of New York LLC, which is highly significant in the area of construction law for two reasons:...more

Saiber LLC

The Saiber Construction Law Column: June 2025

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A statute of repose is a law that sets a fixed time limit after which a lawsuit cannot be brought regardless of when an alleged injury occurred or was discovered....more

Sands Anderson PC

Virginia’s Construction Payment Rules Explained

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General contractors who contract with owner/developers and who construct large, complex projects such as office buildings, shopping centers, and warehouses, often seek to shift the risk of owner/developer non-payment to their...more

Bradley Arant Boult Cummings LLP

Consequential vs. Direct Damages

Many construction contracts include a provision that prohibits the parties from recovering “consequential” damages in the event of a breach. Sometimes parties will negotiate and agree to a waiver of consequential damages that...more

Fox Rothschild LLP

Lessons Learned – Did I Waive My Claim Against the Government?

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Contractors working with the federal government understand that contract modifications are a fact of life. Projects rarely unfold exactly as planned – and changes to the scope of work, performance deadlines, and pricing...more

Mandelbaum Barrett PC

10 Steps to a Successful Construction Project

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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

Bradley Arant Boult Cummings LLP

Incoterms 101: The Basics of International Trade

Fluency in Incoterms® is helpful for any contractor or materials supplier engaged in international trade. Most recent articles discussing construction and international trade emphasize how tariffs can increase construction...more

Nossaman LLP

Tariffs and Their Impacts on the Life Cycle of Construction Contracts

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In light of recent Executive Orders issued by President Trump concerning tariffs, countries around the world—including the United States—have been forced to reassess existing trade and contractual frameworks. The construction...more

Tarter Krinsky & Drogin LLP

Planning for Construction Costs in the Face of Tariff Uncertainty

The “reciprocal” tariffs announced on April 2nd, 2025, by the Trump administration to address what Trump declared a "large and persistent U.S. trade deficit," were one of the largest shocks to the international trade industry...more

Stoel Rives LLP

Construction Labor Shortages: A Primer for Owners and Contractors

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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

Venable LLP

How Owners and Developers Can Mitigate Tariff Risks on Construction Materials and Equipment

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The Trump administration's imposition of tariffs on steel, aluminum, lumber, and other construction materials, in combination with increased tariffs on raw materials and finished goods from China, Japan, the EU, and...more

Cohen Seglias Pallas Greenhall & Furman PC

For the Construction Industry, Planning Is the Key to Navigating Tariffs

When contemplating advice for contractors or suppliers trying to navigate the current tariff environment, I find President Dwight D. Eisenhower’s wartime advice insightful, “In preparing for battle I have always found that...more

Carr Maloney P.C.

Construction Bonds: What They Are and Why They Matter

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Construction bonds are vital tools in the construction industry. A construction bond is an instrument arising out of suretyship law. A project owner may require a contractor to obtain one or more types of construction bond to...more

Dorsey & Whitney LLP

Navigating Tariff Risks in Construction Contracts

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In recent months, changes to tariff laws have had a significant impact on the construction industry. With looming disruptions to global supply chains and material costs rising, there are a number of commercial and legal...more

Kerr Russell

Michigan’s Prompt Payment Act

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Like they warned us on Schoolhouse Rock, it is no easy feat for a bill to become enacted into law. Just ask the proposed “Prompt Pay” legislation that currently languishes in Michigan. By way of background, “Prompt Pay”...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?

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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

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