News & Analysis as of

Contract Terms Contractors

King & Spalding

New California Law Caps Retention for Private Construction Projects

King & Spalding on

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

Allen Matkins

How to Prepare for 5% Retention in California Construction Contracts

Allen Matkins on

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

Wiley Rein LLP

DOD Issues Final Rule Addressing Conflicts of Interest in Certain Consulting Contracts

Wiley Rein LLP on

WHAT: The U.S. Department of Defense (DOD) published a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to prohibit contracting officers from awarding contracts assigned certain North American...more

Frantz Ward LLP

Ohio Legislature Makes Minor Revisions to Public Contracting Process

Frantz Ward LLP on

House Bill 96, which is an operating appropriations bill, was passed by the Ohio legislature on June 25, 2025, and signed by Governor DeWine on June 30, 2025. The bill made a number of minor revisions to the requirements in...more

Saul Ewing LLP

The Tariff Quagmire: Overcoming Uncertainty from Tariffs and Other Unstable Market Conditions

Saul Ewing LLP on

In 2025, the second Trump administration has made sweeping use of tariffs. Tariffs have been imposed and suspended several times, in varying amounts, against a multitude of countries on all types of goods used in the...more

Bradley Arant Boult Cummings LLP

Court Rejects Subcontractor’s Safety Excuse for Jumping Ship

A federal judge in Oklahoma last week ruled against an electrical subcontractor who quit work before finishing because it was allegedly unsafe to continue. The court found that the subcontractor was simply losing money, and...more

Mandelbaum Barrett PC

10 Steps to a Successful Construction Project

Mandelbaum Barrett PC on

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

Ropes & Gray LLP

Five Key Legal Considerations for Investments in Engineering and Design Firms

Ropes & Gray LLP on

As the demand for infrastructure assets continues to grow, infrastructure investors are increasingly looking beyond traditional core infrastructure assets and turning their attention to infrastructure services businesses....more

Gould + Ratner LLP

Talk It Out: The Importance of Effective and Consistent Communication in Construction Projects

Gould + Ratner LLP on

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

Winstead PC

Incorporating Flag Standards in Hotel Construction Agreements

Winstead PC on

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

Bradley Arant Boult Cummings LLP

Pre-Award Bid Protests: Practical Tips for Government Contractors

One of the most powerful but often misunderstood tools available to government contractors is the pre-award protest. Unlike post-award protests, which generally challenge the outcome of a procurement, pre-award protests...more

Barnea Jaffa Lande & Co.

Exemption from Tenders During a State of Emergency in Israel

In routine times, Israeli law obligates public entities to publish tenders for the procurement of goods, services, and the performance of work. However, Israel’s various Mandatory Tender Regulations contain provisions...more

Fox Rothschild LLP

CDA Claim Management Primer: Suspension of Work (FAR 52.242-14)

Fox Rothschild LLP on

Federal construction contracts often involve unforeseen delays. The key question is who is responsible for the resulting costs. A new decision from the ASBCA provides a blueprint for how contractors can maximize recovery...more

Bradley Arant Boult Cummings LLP

Bad Formatting Dooms Proposal and GAO Bid Protest

In a cautionary decision that reinforces the importance of strict compliance with solicitation instructions, the Government Accountability Office (GAO) recently denied in part and dismissed in part a protest challenging a...more

Bradley Arant Boult Cummings LLP

Bid Protests in South Carolina

In South Carolina, government contracting can be a lucrative opportunity for businesses, but it comes with its share of challenges — one of which is dealing with bid protests. Whether you’re an established contractor or new...more

Lasher Holzapfel Sperry & Ebberson PLLC

Navigating Technical Terminology in Residential Construction Contracts

Residential construction contracts will often contain technical terms or jargon that leave many homeowners with uncertainty. Homeowners should be cautious of implicitly agreeing to language they do not understand when...more

Blank Rome LLP

What Is DMSMS and What to Do About It?

Blank Rome LLP on

What does DMSMS mean? DMSMS stands for Diminishing Manufacturing Sources and Material Shortages. It is the loss or impending loss of manufacturers or suppliers of items, raw materials, or software. In other words, DMSMS...more

Bradley Arant Boult Cummings LLP

Recovering Attorneys’ Fees in Connection with Termination Settlement Proposals

When a government contract is terminated for convenience, contractors may find themselves navigating the complex process of preparing a termination settlement proposal. One critical consideration that often arises is whether...more

Gray Reed

A Brave New World – Tariffs and Force Majeure

Gray Reed on

My colleague (Graham Quinn) recently wrote an article about the potential financial impact of the impending steel and aluminum tariffs on the construction industry.  See hyperlink: The Impact of President Trump’s Steel and...more

Adams & Reese

“Hidden Ball Trick” – Yankees’ Aaron Judge Case Involving Deception Carries Lessons for Contractors

Adams & Reese on

The hidden ball trick is a baseball play in which the fielder fakes a throw to the pitcher, so that he can trick the runner into stepping off the base. The fielder then tags out the runner. It’s a deceptive move that can...more

Hahn Loeser & Parks LLP

Impact of Tariffs on Construction Costs

President Trump’s prospective assessment of 25% tariffs on certain materials coming from Canada and Mexico, and prospective 10% tariffs on certain material from China, may increase contractor costs in fulfillment of...more

Porter Hedges LLP

How Long Does that “One Year Warranty” Last? Longer than You Might Think

Porter Hedges LLP on

If you ask owners, general contractors, or subcontractors how long the warranty lasts that they received or gave on a construction project, they will often tell you that they have a “one year warranty.” However, if the...more

Adams & Reese

"There's SNOW Place Like ... Florida?" - How a New Florida Law Impacts Roofing Contractors During A Winter Weather State of...

Adams & Reese on

On January 20, 2025, Florida Gov. Ron DeSantis issued Executive Order EO 25-13 declaring a statewide emergency regarding the inbound winter weather system, moving across the newly designated Gulf of America, which is expected...more

Bradley Arant Boult Cummings LLP

Practical Considerations for Navigating Tariff Risk on Construction Projects

As the second Trump administration begins next week, developers, contractors, subcontractors and suppliers are evaluating the extent of the construction industry’s international ties – and contractual exposure to potential...more

Brownstein Hyatt Farber Schreck

City’s Termination for Convenience Found in Breach of Contract

A recent Tenth Circuit ruling in an appeal successfully defended by Brownstein Hyatt Farber Schreck affirmed a lower court judgment arising from a termination for convenience. This decision serves as support to contractors...more

178 Results
 / 
View per page
Page: of 8

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide