Contracts

The construction industry continues to change as new technologies reshape jobsites and new generations of leaders rethink the way companies should operate. But one piece of the puzzle remains very much the same: Everyone needs a good lawyer. According to the most recent edition ...

Risk-management personnel who are in the business of reviewing and negotiating construction contracts have some simple tools at their disposal to make sure their edits are addressing all of the killer risk-shifting clauses in those contracts. One of those is the index to that doc...

Last year’s Pittsburgh area Fern Hollow Bridge collapse and the I-95 Philadelphia collapse may portend more infrastructure spending to come. The U.S. Department of Transportation's 2021 national inventory estimated that 44,000 bridges nationwide are rated in poor condition. Contr...

Contracts provide a foundation for the success—or, if done wrong, the failure—of every construction project. Keeping them current is essential. You should evaluate and update your contracts based on the latest technology trends, legal developments and the insurance market. How d...

As a construction attorney with decades of legal experience and years serving in-house as senior executive and general counsel to a large construction firm, upon returning to private practice, Dan Rosenberg has developed a niche assisting companies in buying or selling constructi...

Pass-through claims are claims by a party that has suffered damages but does not have a contractual relationship with the entity that caused the damages. In the construction industry, subcontractors commonly have claims for additional costs based on actions or inactions by the ow...

Construction contractors, their brokers and agents and their insurance providers can work together to help curb the rising costs caused by social inflation to the construction industry. Social inflation is a term used by the insurance industry to explain how and why the cost of ...

When prime contractors and subcontractors do business together, success is reliant upon clear, effective communication. And that communication starts with the contract. Both parties must be aware of their responsibilities and liabilities, and those details lie in the contract pro...

A recent decision by the U.S. Government Accountability Office (GAO) has shaken up construction contracts. While companies could claim “force majeure” to exempt themselves from contractual obligations during much of the pandemic, this decision challenges ongoing validity of those...

The point of contracts is to create certainty to avoid litigated or arbitrated disputes. Still, the various parties in the construction process may have different risk tolerances. For example, general contractors are often characterized as “risk-tolerant.” That risk, though, is u...