U.S. Supreme Court: We Take Forum Selection Seriously, Even If It...

In the past, contractors may not have paid much attention to whether their contracts contained forum selection clauses to govern contractual disputes, but thanks...

Public Owner’s Duty to Act in Good Faith

Decision may be helpful for contractors dealing with government entities Most contractors have worked on projects that were delayed for reasons outside their control. Many...
minimizing risk

Contracting to Minimize Risk

Most sophisticated parties want to avoid lawsuits because they understand that such disputes may be detrimental to a project and end up causing everyone...

Where-Oh-Where?

Validity of Forum Selection Clause in Construction Contract Goes to Supreme Court. Sophisticated parties to a construction contract will often negotiate the manner, location, forum,...

Building Costs and Legal Battles

Litigation surrounding the Trump administration’s tariff policies continues to dominate news cycles. Just recently, the U.S. Court of Appeals for the Federal Circuit heard...

Are Broad Risk-Shifting Provisions Concerning Site Conditions Enforceable?

Contractors often bid projects based solely on information provided by owners and after only a limited site investigation. Yet, owners often use broad risk-shifting...

Know Your Contracts

By Danielle Waltz and Alexis Hailpern “Except in the middle of a battlefield, nowhere must men coordinate the movement of other men and all materials...

Get To The Point: Tips for Writing Cure and Termination Letters

All contractors are likely to have to write a cure or termination letter at some point. Unfortunately for the contractor, this need usually arises...

Promising Tech

By Christopher Scott D'Angelo Challenging times can also be opportunities, but only if one knows where to look and has the drive—and capital—for it. Challenging...

Consider a Red Team

Contractors seek out projects, bid and bargain for them, and once awarded, staff and manage them, close them out, then repeat the process. What...