Joseph Davies | Smith Debnam Narron Drake Saintsing & Myers Subcontractors play a pivotal role in construction projects, providing specialized skills and services essential for bringing projects to fruition. However, with this collaboration comes inherent risks that can significantly impact the success of a project. General contractors must be vigilant in identifying, understanding, and managing… Continue reading Managing Subcontractor Risks: A Legal Guide for General Contractors
Month: July 2024
Mediation and Early Settlement of Disputes – The Expert’s Role
Eleanor Taylor | Ankura Introduction The early settlement of disputes and mediation was a recurring topic throughout London International Disputes Week (LIDW). Featured on several panel discussions and raised in Q&A,1 this topic brought into sharp focus the role of quantum experts in cases that do not proceed to a full hearing. A common theme was… Continue reading Mediation and Early Settlement of Disputes – The Expert’s Role
Using ChatGPT to Interpret Insurance Policies? Eleventh Circuit Opens the Door to AI’s Role in Policy Interpretation
Justin P. Gunter and Harneet Kaur | Bradley Arant Boult Cummings While recently resolving an insurance coverage dispute in Snell v. United Specialty Insurance Company, 102 F.4th 1208 (11th Cir. 2024), an Eleventh Circuit concurring opinion discussed the potential employment of artificial intelligence large language models to interpret policy terms. The case concerned whether a landscaper’s… Continue reading Using ChatGPT to Interpret Insurance Policies? Eleventh Circuit Opens the Door to AI’s Role in Policy Interpretation
When Properly Drafted, Liquidated Damages Provisions Reduce Risk
William J. Tinsley, Jr. | Phelps Dunbar Utilized properly, liquidated damages provisions strengthen construction agreements because they provide a degree of certainty. Additional certainty lowers risk and allows the contractor to reduce contingency reserves which, in turn, reduce project costs while protecting the builder’s profitability. Too often, however, liquidated damages provisions are misunderstood, poorly drafted,… Continue reading When Properly Drafted, Liquidated Damages Provisions Reduce Risk
Federal Subcontractors Beware: The Workshare Provision in Your Subcontract May Not Apply When the Government Increases the Value of the Prime Contract
Christopher Griesedieck, Jr. and David smith | Venable A recent decision from the Court of Appeals of Virginia may have companies doublechecking the workshare terms in their subcontracts. The Court held that a subcontractor’s 40 percent workshare only applied to the $70 million originally awarded under the prime contract and did not apply to the additional $55 million that… Continue reading Federal Subcontractors Beware: The Workshare Provision in Your Subcontract May Not Apply When the Government Increases the Value of the Prime Contract