Traeger Machetanz | Davis Wright Tremaine In Granite Construction Company, ASBCA No. 62281 (November 1, 2023), the Armed Services Board of Contract Appeals (“Board”) addressed the issue of what constitutes a reasonable period of time to suspend work under the suspension-of-work clause (FAR 52.242-14). Background In Granite, the contractor entered into a contract with the United States Army Corps… Continue reading What Constitutes a Reasonable Period of Time Under the Suspension-of-Work Clause?
Month: December 2023
Contract Drafting Tips for Rooftop Solar and Carport Solar Leases
Sarah Johnson Phillips and Benjamin U. Criswell | Stoel Rives Adding solar energy facilities to a rooftop or a parking lot is an excellent way to put developed land to even more productive use. Hosting a solar array can create value for a property via a new revenue stream from rent payments or, if the… Continue reading Contract Drafting Tips for Rooftop Solar and Carport Solar Leases
“Pay-if-paid” and “Pay-when-paid” Clauses in Maryland and the District of Columbia
Andrew Nagel and Kenneth G. Stallard | Carr Maloney General Contractors may seek to condition payments to Subcontractors by using “pay-if-paid” or “pay-when-paid” clauses in their contracts. Typically, as the name suggests, pay-when-paid provisions concern the timing of payment by the General Contractor, but, arguably, do not relieve the General Contractor from its obligation to pay the… Continue reading “Pay-if-paid” and “Pay-when-paid” Clauses in Maryland and the District of Columbia
Ethics of Claim Handling – From Before They Arise Until Their Resolution
Brian Gaudet | Kilpatrick Kilpatrick’s Brian Gaudet recently participated in a panel of industry thought leaders at the 36th annual prestigious “Construction Super Conference.” The panelists discussed the practical and ethical issues that arise when dealing with claims and addressed common issues that arise, during contract negotiation, claim notification, claim substantiation, negotiation, and trial/arbitration. The… Continue reading Ethics of Claim Handling – From Before They Arise Until Their Resolution
The Increasing Trend of Caps in Construction Contracts and Negotiating Them
Jarred Trauth | ConsensusDocs Risks are inherent in every construction project and all parties involved face them: owners, designers, general contractors/builders, subcontractors, suppliers…. Equitably allocating such risks is one of the most important and most negotiated areas of any construction related contract. Limitations of liability provisions are key to risk allocation. These provisions include no… Continue reading The Increasing Trend of Caps in Construction Contracts and Negotiating Them