Standard of Care

By William S. Thomas These words by artist, architect, and designer Eero Saarinen—always design a thing by considering it in its next larger context—challenge modern...

Delay Issues

Since March, the COVID-19 pandemic has wreaked havoc on the United States and the rest of the world. Beyond the obvious health consequences and...

Construction Sites

By Christopher Scott D'Angelo Much has been written since the pandemic related shut-down was imposed addressing what rights, liabilities, and remedies may exist between the...

Arbitration Expectations

By Aman Kahlon Arbitration is one of the preferred mechanisms of dispute resolution in the construction industry. Understanding how an arbitration will unfold is useful...

Business Retooling

By Danielle Waltz and Alexis Hailpern Although deemed an “essential business” by many states, the construction industry is evolving in conjunction with a pandemic and...

Termination Decisions

By Aman Kahlon Most construction contracts contain termination provisions of some kind. These provisions usually fall within two categories: (1) termination for default and (2)...

What About Taxes?

By Christopher Scott D’Angelo In the July 2020 article, I focused on contractor responsibilities for operations and worksite safety relating to COVID-19 and the pandemic...

Evaluation Disputes

By Nicholas T. Solosky The Contract Disputes Act (CDA) creates the framework for handling “claims” against the government on Federal contracts. Contract claims most commonly...

Change Orders

By Aman Kahlon It is the rare construction project that is completed without any change in the work. In most sophisticated construction projects, the contractual...

Unifying the Field

By William S. Thomas Over 100 years ago, the U.S. Supreme Court decided the landmark Spearin case (248 U.S. 132 (U.S. 1918)), affirming a contractors’...