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Home » Topic » Legal and Regulatory

To Arbitrate or Not to Arbitrate

by Mary Bacon | Mar 18, 2020
Dispute Resolution | Legal and Regulatory

Construction contracts may have mandatory arbitration provisions but sometimes contain a provision that allows either party to agree to arbitration. With that option come several considerations.

Coronavirus and the Construction Industry: How to Handle an Inevitable Delay

by J.P. Vogel, Vernon Howerton | Mar 10, 2020
Business | Business Risk | Contracts | Economy | Legal and Regulatory | Manufacturing | Markets | Risk | Risk Management

COVID-19 may affect construction materials and labor. Now’s the time to check contract language and supplier agreements for force majeure clauses, and develop a plan in the event of a labor shortage.

Contract Provisions That Help Manage Risk on Long-Term Projects

by Jason Lambert | Mar 10, 2020
Contracts | Legal and Regulatory | Risk | Risk Management

There are contractual provisions that can provide clear guidance in the face of many “what ifs” in construction, such as cost increases or delays caused by the owner or outside events.

Best Practices for Claims Involving Traveling Employees

by Alex Ficker | Mar 8, 2020
Departments | Law | Legal and Regulatory

Construction industry leaders face unique challenges when it comes to managing “traveling employees” whose positions do not involve typical hours or locations.

U.S. House Passes Big Labor Bill That Would Subvert Workers’ and States’ Rights

by Vance Walter | Mar 8, 2020
Law | Legal and Regulatory

On Feb. 6, the U.S. House of Representatives passed the deceptively named Protecting the Right to Organize Act. The PRO Act is rife with policies that impose radical changes to settled U.S. labor law, benefiting big labor at the expense of workers’ rights and the well-being of the nation’s small businesses.

Legal Benefits and Pitfalls of Contractor Quality Control Programs

by Alex Thrasher | Mar 4, 2020
Contracts | Dispute Resolution | Legal and Regulatory

A QC program can minimize project costs and defective workmanship and guard against risks associated with disputes. A poor QC program can create hidden problems that may result in unanticipated costs if disputes arise.

The Moving Finish Line: Statutes of Limitation and Repose Are Not Always What They Seem

by Kenneth E. Rubinstein, Nathan Fennessy | Mar 4, 2020
Dispute Resolution | Legal and Regulatory

Determining the end date for liability isn’t as simple as reviewing applicable statutes of limitation and repose. The federal government may file a suit decades after construction is complete.

Demystifying the Surety Industry’s Expedited Dispute Resolution Bond

by Philip L. Bruner, Patricia H. Thompson | Mar 4, 2020
Dispute Resolution | Legal and Regulatory | Risk | Risk Management | Surety Bonding

An EDR bond expedites dispute resolution between parties to the bond as to the surety’s obligation for project completion when a contractor defaults.
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