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Contract Terms Subcontractors

Husch Blackwell LLP

The Defense Department’s Cybersecurity Requirements Go Live

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Key point: Beginning November 10, 2025, DoD contracting officers will begin adding Cybersecurity Maturity Model Certification (CMMC) requirements to solicitations, and contracting officers “shall not award a contract, task...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

Schwabe, Williamson & Wyatt PC

FAR Council Issues Updates to Parts 28, 30, and 48

The FAR Council is undertaking a systematic approach to revising the FARs. On August 15, 2025, it released its revisions to FAR Part 28, Bonds and Insurance, FAR Part 30, Cost Accounting Standards Administration, and FAR Part...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

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

Wiley Rein LLP

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

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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

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

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

Jackson Lewis P.C.

California Contractor Compliance: Filling the Federal, EO-Created Void

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As federal policies shift from affirmative action and diversity, equity, and inclusion initiatives — particularly through Executive Order 14173, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” which...more

McCarter & English Blog: Government Contracts...

And in This Corner … the Sweet Science of Federal Contracting’s Year-End

September 30. All (most?) federal years end the same way, at least on paper—like a prizefight, with the clock ticking down; an agitated, uncertain crowd; a lot of money on the table; and a ref capable of stopping the match at...more

Morgan Lewis - Tech & Sourcing

From Checkout to Crisis – Subcontractor Risk in Retail Contracts

Today’s retail operations depend on far more than the products on store shelves or the design of an ecommerce site. Behind the scenes, a fulfilment provider may rely on regional couriers, a payment processor on a cloud host,...more

Frantz Ward LLP

Ohio Legislature Makes Minor Revisions to Public Contracting Process

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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

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

Schwabe, Williamson & Wyatt PC

New Rule on Subcontracting Compliance from SBA OHA Ruling

On May 2, 2025, in Size Appeal of Bowhead Enterprise, Science, and Technology, LLC, SBA No. SIZ-6352, the Small Business Administration (“SBA”) Office of Hearings and Appeals (“OHA”) ruled that for service and manufacturing...more

Saul Ewing LLP

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

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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

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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

A&O Shearman

EU RTS on subcontracting ICT services supporting critical or important functions under DORA published in OJ

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Commission Delegated Regulation (EU) 2025/532 has been published in the Official Journal of the European Union. The Delegated Regulation supplements the Digital Operational Resilience Act (DORA) with regard to regulatory...more

Potomac Law Group, PLLC

Federal Procurement Overhaul - Rewriting the Federal Procurement System

Within two weeks of inauguration, the Trump Administration began issuing an abundance of Executive Orders (“EO”), memoranda, and related documents addressing how the U.S Government purchases goods and services from industry....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

BCLP

JCT Target Cost Contract, 2024 Edition: First Impressions

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In this Insight, first published in PLC, Partner Shy Jackson considers the JCT's Target Cost Contract, 2024 Edition (TCC 2024), a new addition to its 2024 Edition contract suite that reflects the wider industry trend towards...more

PilieroMazza PLLC

Top 10 Killer Construction Contract Clauses, Part 2: Pay-If-Paid and Pay-When-Paid

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In the world of construction, it is essential for both prime contractors and lower-tier subcontractors to carefully manage financial risk when negotiating subcontract agreements. While a party’s ability to distinguish and...more

Davis Wright Tremaine LLP

Changes Clause Survives First Round of FAR Overhaul

In good news for government contractors, the initial redraft of Federal Acquisition Regulation (“FAR”), part 43-Contract Modifications released on June 12, 2025, did not eliminate the contract clauses that address the...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

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