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The COVID-19 Change Order
During the pandemic it has become common for contractors to submit change orders to owners seeking reimbursement for COVID-19 related expenses and costs. This is especially true for large construction projects. These “COVID-19 Change Orders” seek reimbursement for everything from...
The New Rules (Part 2): Restrictions on the Duty to Defend for Architects and Engineers
In part two of our series on Texas’ recently passed construction law legislation, we focus on risk shifting provisions relating to construction engineering and/or architectural services. The new risk shifting provisions in HB 2116, now codified in the amended Chapter...
Construction Disputes in Project Financing: Managing Conflicts of Interest Between Project Parties
Article originally appeared in the May 2021 issue of Project Finance International Introduction Project finance structures commonly involve project parties, such as construction contractors, suppliers, offtakers and O&M contractors, who are affiliated to a sponsor or help secure debt for...
Texas Supreme Court Clarifies Scope of Property Owners' Statutory Protections
The Texas Supreme Court’s recent decision in Los Compadres Pescadores, L.L.C. v. Valdez provides new guidance regarding a commercial property owner’s protections against liability for injuries occurring on construction sites. Chapter 95 of the Texas Civil Practice and Remedies Code...
Expanded CISA Guidelines Broadens the Scope of “Essential Business” for Manufacturing and Construction Operations
As states and other jurisdictions continue to implement, amend, and clarify their stay-at-home orders, many continue to define Essential Businesses through the guidelines issued by the Cybersecurity and Infrastructure Security Agency (CISA). Approximately twenty states have referenced the Guidelines, including...
Understand and Define Key Substantive Contract Provisions
Part two of a two-part series for Construction Executive on understanding pivotal dispute terms in construction contracts. The first part of this series – “ Define the Forum and Scope of Recovery in Contract Disputes ” – focused on provisions...
Public Entity Construction Contracts: The Pivotal Dispute Provisions
Each year public entities spend billions of dollars on construction projects. As a result of these projects, time-consuming and costly complications such as construction project delay claims, defective workmanship, force majeure claims, lien issues, insurance issues, jurisdiction, payment issues and...
Steel and Aluminum Tariffs: Time to Dust Off the Price Adjustment Clause?
The continued and controversial imposition of tariffs has not only resulted in global economic and political fallout but has also adversely affected contractual relationships for suppliers, manufacturers, contractors and project owners far downstream from the government. Whether you are the...
Force Majeure, Now What?
As discussed in our last alert , the possibility of parties turning to force majeure clauses as an excuse for performance in the face of steel and aluminum tariffs has become a reality. While the government deals with numerous applications...
Texas Supreme Court Narrows the Ability of General Contractors to Seek Chapter 82 Indemnity for Product Claims
On June 17, the Texas Supreme Court further clarified the definition of the word "seller" in Chapter 82 of the Texas Civil Practice and Remedies Code (known as the Texas Products Liability Act), which was intended to provide the innocent...
New Citywide Construction Fraud Task Force Promises Tough Enforcement
On August 5th, the Manhattan District Attorney (the "DA’s Office") announced the formation of a multi-agency Citywide Construction Fraud Task Force that will be spearheaded by prosecutors from the office. 1 Its mission is simple: identify and root out corruption...