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Federal Court in Georgia Enjoins Enforcement of Federal Contractor/Subcontractor Vaccine Mandate Nationwide

Federal Court in Georgia Enjoins Enforcement of Federal Contractor/Subcontractor Vaccine Mandate Nationwide

Posted: December 23, 2021 | Legal

On December 7, 2021, the United States District Court for the Southern District of Georgia issued a 28-page order enjoining nationwide the enforcement of President Biden’s Executive Order 14042 mandating that all federal contractors and subcontractors working on covered federal contracts provide proof of vaccination.  In Georgia v. Biden, No. 1:21-cv-163, 2021 WL 5779939 (S.D. Ga. Dec. 7, 2021), Judge R. Stan Baker found that certain of the plaintiffs, including seven separate States; several of their governors; colleges within the University System of Georgia that held and planned on holding federal contracts; as well as a national trade association representing numerous construction industry members throughout the country with federal contracts, had sufficiently established standing to pursue this injunctive relief.

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Performance Bonds: Follow the Letter of the Bond and Keep The Surety Informed

Performance Bonds: Follow the Letter of the Bond and Keep The Surety Informed

Posted: November 26, 2021 | Legal

Construction surety bonds are risk management tools utilized by parties on large construction projects. However, bonds are not insurance, and a surety is not an “insurer” of the project.

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Is it Applicable to Contract Claims and Post-Construction Services?

Is it Applicable to Contract Claims and Post-Construction Services?

Posted: November 5, 2021 | Tradewinds, Legal

Contractors and design professionals face a unique level of exposure for lawsuits over their work compared to other professionals. With the growing complexity of construction projects, the longevity of buildings, and the increasing inclination for plaintiffs to file lawsuits over construction defects years down the road, one might ask when exposure for a completed project really ends. Many states have addressed this problem by enacting statutes of repose specifically dealing with claims arising from the construction or design of real property.

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The Price Isn’t Right: Don’t Get Escalated Out of Business

The Price Isn’t Right: Don’t Get Escalated Out of Business

Posted: October 29, 2021 | Tradewinds, Legal

Price escalation spikes and supply shortages threaten construction companies’ financial viability in an unprecedented way. It creates a conundrum for existing contracts with a firm fixed price, lump sum, and to a lesser extent a guaranteed maximum price (GMP). The best approach to address cost uncertainty going forward is to include a price escalation clause in your next contract.  A price escalation clause adjusts the contract price based upon an agreed upon metric, usually an objective cost index. This approach is both equitable and effective for owner clients, suppliers, trade contractors and General Contractors’ financial solvency. Rather than guessing on prices, an agreed upon objective index provides a superior risk management strategy.

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Project Delivery Methods: A Bird’s-Eye View

Project Delivery Methods: A Bird’s-Eye View

Posted: October 22, 2021 | Legal

From Design-Bid-Build to CM-at-Risk and Design-Build to Integrated Project Delivery, each method developed to fit a very specific need—but each carries its own set of inherent risks and rewards.  In this article we explore key aspects and differences among the various delivery methods that are commonly used in today’s construction industry, and provide guidance related to the obligations and risk profiles of the parties involved.  Ideally, contractors and construction managers may refer to the advice provided herein when determining whether a proposed delivery method properly fits the requirements of the project under consideration.   

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