Government Construction Law Update

Developments in government construction contract law

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Many construction contracts require a contractor or subcontractor to continue to work during a pending dispute between an owner and a contractor or a contractor and subcontractor. One purpose of requiring continued performance is to ensure that good faith disputes will not prevent the timely completion of a project.

Will a continue-performance-during-disputes clause prevent a

I have written many posts about the enforceability of liquidated damages clauses in construction contracts—a topic that interests many people in the construction industry.

Occasionally, you may see an owner argue that under a liquidated damages provision, the owner has the option to either assess liquidated damages for the late completion of a

There are many important provisions to include in joint-venture agreements between contractors pursuing a project. (For a list of five important provisions to include in joint-venture agreements, click here.) One important thing to address in a joint-venture agreement is how capital contributions will be handled.

Here are questions to consider when drafting a capital

Builder’s risk insurance is a type of property insurance that covers damage to a project under construction. A builder’s risk policy is a no-fault form of insurance—it doesn’t matter who is responsible for the loss, builder’s risk will typically cover the loss.

There are times where a contractor’s faulty workmanship may cause a loss to

Are liquidated damages clauses in construction contracts enforceable? That’s a question that is often litigated in construction disputes.

It’s not surprising that some of the most popular articles on this blog address examples of courts refusing to enforce liquidated damages clauses in a construction contracts. For two examples of Florida courts finding liquidated damages clauses

I recently gave a presentation on essential construction contract provisions at the annual conference for the Florida Municipal Attorneys Association. Part of my presentation addressed liquidated damages clauses in government construction contracts. After speaking, I was approached with follow-up questions about how to determine the proper daily rate for liquidated damages in construction contracts.