Re-Thinking the One-Sided Contract: Considerations for a More Balanced Approach to Contracting

William Underwood | ConsensusDocs Construction projects can be inherently risky – often there are multiple parties (owners, architects, engineers, contractors, subcontractors, consultants, vendors, government officials, sureties, insurers, and many others), unforeseen site conditions, tangled supply chains, acts of God, inadequate funding, site safety matters, and a whole host of other issues that can make even… Continue reading Re-Thinking the One-Sided Contract: Considerations for a More Balanced Approach to Contracting

Five Ways to Protect Bidding Opportunities and Bid Formulations

Evan Blaker | Cohen Seglias Pallas Greenhall & Furman The bidding process for a construction project includes a vast array of folks: estimators, owners, project managers, design professionals and many others. Security, especially cybersecurity, can prove a challenge, and those receiving, drafting or issuing bids would be wise to consider potential problems before they become… Continue reading Five Ways to Protect Bidding Opportunities and Bid Formulations

Prime Contractor Beware, No. 2: “Know Thy Owner”

David Taylor | BuildSmart Here’s the Scenario: After months of working with a new national developer (and providing hours of unreimbursed value engineering), you get the draft prime contract and see that the named “owner” will not be the hugely successful developer, but a specially created “limited liability company” that’s sole “asset” is the land upon… Continue reading Prime Contractor Beware, No. 2: “Know Thy Owner”

Coverage for Collapse Ordered on Summary Judgment

Tred R. Eyerly | Insurance Law Hawaii     A collapsed floor in a restaurant was found to be covered. J&J Fish on Center Street, Inc. v. Crum & Forster Spec. Ins. Co., 2022 U.S. Dist. LEXIS 163661 (D. Wis. Sept. 12, 2022).     J&J Fish rented property from Vision. Vision was obligated to… Continue reading Coverage for Collapse Ordered on Summary Judgment

Proposed FAR Rule Creates Climate-Related Inventory and Disclosure Requirements for Federal Contractors

Christine Garson and Shaun Kennedy | Holland & Hart On November 14, 2022, the Federal Acquisition Regulation (“FAR”) Council issued a proposed rule that may require certain federal contractors to disclose their greenhouse gas (“GHG”) emissions and associated financial risk. The proposed rule also establishes science-based targets for reduction of GHG. This rule implements the inventory… Continue reading Proposed FAR Rule Creates Climate-Related Inventory and Disclosure Requirements for Federal Contractors

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