News & Analysis as of

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Gordon Rees Scully Mansukhani

Navigating the New Steel and Aluminum Tariffs in the Construction Industry

President Donald Trump has announced new 25% tariffs on steel and aluminum imports into the United States. This measure is part of the administration’s strategy to protect national security and address trade imbalances. ...more

Warner Norcross + Judd

Liberating Property: Bonding Off Construction Liens in Michigan

An owner hired a contractor to make improvements on real property, but the contractor failed to pay its subcontractors or suppliers. What happens next? Under Michigan’s Construction Lien Act, contractors, subcontractors,...more

Snell & Wilmer

Washington Adds Change Order Protections to Contractors, Subcontractors, and Suppliers on Washington Public and Private Projects

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Many construction contracts require the contractor to obtain a signed change order before performing work that deviates from the original contract scope. But in practice, contractors are often faced with the dilemma of...more

Smith Debnam Narron Drake Saintsing & Myers,...

Court of Appeals Confirms Partial Lien Waivers Do Not Waive Lien Rights

In a recent decision, the North Carolina Court of Appeals held that a general contractor’s execution of partial lien waivers did not prejudice a supplier’s lien rights on the construction project. The case is Atlantech...more

Warner Norcross + Judd

How the MBTFA Protects Subcontractors, Suppliers and Owners

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The Michigan Builders Trust Fund Act (MBTFA), MCL 570.151 et seq. was signed into law in the early years of the Great Depression to protect people from fraud and misappropriation of funds in the construction industry. During...more

Holland & Knight LLP

New York Could Further Limit Retainage on Public and Private Construction Projects

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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

Seyfarth Shaw LLP

50 State Lien Law Notice Requirements

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This quick reference describes general time requirements for filing lien notices in each state, plus Washington, DC. Seyfarth’s Construction team prepared the survey for use primarily by commercial contractors and real estate...more

Bradley Arant Boult Cummings LLP

Wait, Is My Lien Waiver Enforceable?

If you get into a construction dispute concerning payments made to your contractor, subcontractor, or supplier, you want to be sure that your lien waivers are enforceable in your jurisdiction. A lien waiver is an agreement...more

McCarter & English Blog: Government Contracts...

Back to School: Time to Study the OMB Final Rule Implementing BABA

Just in time for the season of new backpacks, lunch boxes, and school supplies, the Office of Management and Budget (OMB) has assigned some homework to contractors looking to participate in Federal financial assistance...more

Seyfarth Shaw LLP

“Made in America Week” Highlights Requirements, Opportunities for Contractors and Suppliers

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On July 21, 2023, President Biden designated July 23-29, 2023, as “Made in America Week.” This proclamation builds on the Biden Administration’s efforts to bolster domestic manufacturing through evolving policies attached to...more

PilieroMazza PLLC

[Webinar] Construction Roundtable: Top 4 Legal Risks for Federal Construction Contractors - May 17th, 2:00 pm - 3:00 pm ET

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Construction firms face a myriad of legal risks throughout a project’s life cycle. From compliance obligations to managing disputes, don’t miss this insightful discussion on the top 4 legal risks facing contractors working in...more

Akerman LLP

Construction: The Race for Scarce Materials and Skilled Labor Post Hurricane Ian

Akerman LLP on

Hurricane Ian will likely be remembered as one of the largest and costliest natural disasters to hit Florida in history. Commercial buildings, infrastructure and residences throughout the state were destroyed and are in...more

Bennett Jones LLP

Mass Timber Construction Opportunities in Canada

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​​​​​​​The demand for sustainable, lower-carbon solutions in the construction industry is creating new opportunities for the use of mass timber in Canada. Building code regulations are changing to allow for taller wood...more

Stinson LLP

Material Cost Escalation: Who Bears the Cost Now? And, What Can Be Done to Address the Problem in the Future?

Stinson LLP on

While an increase in construction costs for materials is not new to the industry, the extent of the cost increases during this COVID-19 time may be beyond anyone's experience. Prior to COVID-19, material costs have spiked for...more

Adams & Reese

Material Price Escalation Has Become a Source of Substantial Conflict in Construction Contracting

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The cost of building materials has risen significantly this year. Who should bear this risk and how can the various parties to construction contracts mitigate this risk? Owners, contractors, subcontractors, and...more

Robinson+Cole Construction Law Zone

Revisiting Price Escalation Clauses in a Time of Skyrocketing Material Costs

Anyone monitoring construction industry trends is aware that the prices of raw construction materials, particularly steel and lumber, have been rapidly increasing since early 2020. Earlier this year, Associated Builders and...more

Troutman Pepper Locke

Subtle (and Not So Subtle) Effects of COVID-19 on the Construction Industry

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When is it going to return to “normal”? We all have been asking that question. Well, for the construction industry, it may never return to “normal.” COVID-19 may have permanently changed the landscape of the construction...more

Troutman Pepper Locke

Best Practice With Notices for Force Majeure Events

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As the wave of reopening orders sweeps across the country, businesses see a light at the end of the tunnel. That light, however, in many instances is still yellow, and may be so for some time to come. ...more

Seyfarth Shaw LLP

Reemergence of the Doctrine of Temporary Impracticality or Frustration Under Section 269 of the Restatement (Second) of Contracts...

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When trying to understand the full impact of COVID-19 on existing contractual obligations, parties will likely first consult force majeure provisions in their contracts to assess their rights or liabilities for continued...more

Burr & Forman

The Coronavirus Effect on Construction Projects

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There is increased pressure by federal, state and local governments to minimize gatherings. Many businesses encourage telecommuting in situations such as this. However, that is not feasible on a construction project....more

Goulston & Storrs PC

An Unintended Interruption to the Global Supply Chain

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The current outbreak of COVID-19 (the coronoavirus) will be a test of the global supply chain’s strength in the face of unintended interruptions, and can be a lesson on building-in supply-chain contingency plans.  As a result...more

Lowndes

Coronavirus – Does Force Majeure Apply?

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The coronavirus has disrupted the economy and business activity, making it difficult or challenging for some parties to honor their contractual obligations. In fact, it is apparent that parties are terminating their...more

Seyfarth Shaw LLP

Managing Project Risk Associated with the Coronavirus Outbreak Through Force Majeure Provisions

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Globally, many developers and contractors are scrambling to identify available contractual relief as the Coronavirus (COVID-19) disrupts cross-border supply chains. US businesses will recall a similar effort just eighteen...more

Carlton Fields

Are You Protected Against the Risk of Construction Delays and Increased Construction Costs Due to COVID-19?

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The World Health Organization (WHO) has declared the coronavirus disease 2019 (COVID-19) outbreak a public health emergency, and as of the date of this alert, the Centers for Disease Control and Prevention (CDC), a component...more

Robinson+Cole Construction Law Zone

Who Will Bear the Risk and Cost for Coronavirus Construction Delays? A Contractual Analysis.

As the Coronavirus spreads across the globe, its impact continues to disrupt many industries, including construction.  Over the last twenty years, the construction industry in the United States has substantially increased its...more

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