Nick Oury and Tania Forichon | Herbert Smith Freehills In international arbitrations concerning physical infrastructure – particularly construction projects – tribunals are often invited or otherwise request to visit the site of the project to assist their understanding of the issues in dispute. The International Bar Association (“IBA”) has recently published a Model Protocol to… Continue reading The International Bar Association’s Site Visit Model Protocol for International Arbitration – An Overview
Month: February 2025
Quick Tip: Don’t Indemnify for Breach of Contract
Christopher G. Hill | Construction Law Musings Every contractor or subcontractor has seen that indemnification language in a contract that states that the indemnifying party will indemnify the contractor, owner, architect, owner representative (and likely to dog walker, though I’m unclear on that one) for any claim relating to the indemnifying parties actions to include any breach… Continue reading Quick Tip: Don’t Indemnify for Breach of Contract
Proper Disposition of Subcontractor Pass Through Claims Essential to Managing General Contractor’s Risk
Burce A. Cohen | Ahlers Cressman & Sleight Because general contractors have direct contracts with their subcontractors, without proper contract clauses in place in the subcontract itself, general contractors can face unnecessary exposure to their subcontractors for claims that are the result of Owner caused issues. For this reason, a properly drafted subcontract should contain… Continue reading Proper Disposition of Subcontractor Pass Through Claims Essential to Managing General Contractor’s Risk
Executive Order Update on Construction Materials
David Carney | Construction Law Zone Executive Order Adjusting Imports of Aluminum into The United States On February 11, 2025, in an executive order titled Adjusting Imports of Aluminum into the United States, President Trump increased, from 10% to 25%, the ad valorem tariff rate on imports of aluminum and aluminum-derivative articles from most countries. The… Continue reading Executive Order Update on Construction Materials
Important Terms for Price Escalation Clauses to Mitigate the Inflationary Effect of Tariffs on Construction Materials
Phillip Sampson, Jr, Richard Whiteley | Bracewell The prospect of 25 percent tariffs being imposed on all steel and aluminum imports by the newly elected Trump administration, together with the 10 percent increase on tariffs already levied on Chinese imports, has created uncertainty in the construction industry. The uncertainty is permeating existing construction projects because… Continue reading Important Terms for Price Escalation Clauses to Mitigate the Inflationary Effect of Tariffs on Construction Materials