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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

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

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

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

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

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

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

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

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

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

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

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

Bennett Jones LLP

Q&A on Cybersecurity and Family Enterprises: How to Navigate the Digital Frontier

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In an era where digital threats are more sophisticated than ever, cybersecurity has become a pressing concern for family enterprises. These businesses are attractive targets for cyberattacks and need to balance the critical...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

Holland & Knight LLP

Oil and Gas Counterparty Risk: Dealing with Statutory Mineral Liens

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The legal frameworks governing statutory lien rights of oil and gas trade creditors vary significantly between Texas and Louisiana (as well as among other hydrocarbon-producing states). Material distinctions exist between...more

PilieroMazza PLLC

Top 10 Killer Construction Contract Clauses, Part 1: No Damages for Delay

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Those familiar with the construction industry know that construction projects are seldom, if ever, completed within the time originally anticipated at the project’s outset. Fortunately, prime contractors and lower-tier...more

King & Spalding

Tools of the Trade: Reacting to Government Contract Terminations and Pauses

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On February 26, 2025, Executive Order 14222, Implementing the President’s “Department of Government Efficiency” Cost Efficiency Initiative, was released. This Executive Order (“EO 14222”) states that its purpose is to...more

Blank Rome LLP

What Is DMSMS and What to Do About It?

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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

Troutman Pepper Locke

The Federal Contractors’ Playbook: Managing Increased Costs From Tariffs and Domestic Material Demands

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Just two months into President Donald Trump’s second term, contractors have been whipsawed by a flurry of executive orders, Department of Government Efficiency (DOGE) directives, and agency actions. This has brought an era of...more

Tannenbaum Helpern Syracuse & Hirschtritt LLP

Tips for Setting the GMP

Under the guaranteed maximum price (GMP) construction contract delivery method, great care and attention must be given by the owner in setting the GMP, usually done by way of a “GMP Amendment,” following the CM’s submission...more

PilieroMazza PLLC

March 2025: Reducing the Negative Impacts of a Government Shutdown for Federal Contractors

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On top of the uncertainty introduced through the Trump administration’s shifting priorities and rapid-fire executive orders, government contractors are now confronted with an impending shutdown as the federal government is...more

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