Todd M. Conley | Womble Bond Dickinson Ask anyone with experience on construction projects, particularly large, complex “mega-projects,” and they will tell you that disputes are an expected part of doing business. It is rare that these projects come in on schedule and on budget; when they do not, the contractor and owner often vigorously… Continue reading Litigation or Arbitration: Which is Better for Adjudicating Contract Disputes?
Month: January 2025
What Federal Contractors Need to Know About the End of Executive Order 11246 — And How to Stay Ahead
Matthew J. DeVries | Best Practices Construction Law On January 21, 2025, President Trump signed an executive order titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” This sweeping action revoked Executive Order 11246, a policy that had guided federal contractors on affirmative action and anti-discrimination measures since 1965. The new directive eliminates requirements for federal… Continue reading What Federal Contractors Need to Know About the End of Executive Order 11246 — And How to Stay Ahead
From Confusion to Clarity: A Guide to Handling Concurrent Delays in Construction Projects
Michael Jefferson | Davis Wright Tremaine Over the years, general contractors and commercial developers have debated their rights during a concurrent delay. When a concurrent delay happens, the question arises: should the general contractor receive a) an extension of time to complete the project (due to unforeseen delays), b) an extension of time along with… Continue reading From Confusion to Clarity: A Guide to Handling Concurrent Delays in Construction Projects
Offset, Setoff, and State Trends in Withholding Clauses
Susan White | Frantz Ward States have been slowly clawing back at a higher-tier’s ability to withhold payments owed to its lower-tier subcontractors, aiming to protect subcontractors from undue financial hardship and ensure that payment disputes are handled more equitably. A standard withholding clause looks something like this: The subcontractor agrees that contractor shall have… Continue reading Offset, Setoff, and State Trends in Withholding Clauses
What’s An Emergency Arbitrator? And Should I Appoint One?
Hughes Hubbard & Reed What is an emergency arbitrator? In the early 2000s, arbitral institutions began to introduce rules allowing for the appointment of an emergency arbitrator – a sole arbitrator appointed on an expedited basis to deal with claims for interim relief that cannot wait until the tribunal is constituted. While an arbitral tribunal can generally… Continue reading What’s An Emergency Arbitrator? And Should I Appoint One?