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Surety bonds: direct claims v derivative claims who knew?
  • Pepper Hamilton LLP
  • USA
  • February 13 2015

The debtor made claims against a surety that issued a performance bond in connection with a construction contract. The surety contended that it was


It pays to notice
  • Vandeventer Black LLP
  • USA
  • November 16 2015

As you review the contract for the work that will occupy half your workforce for the next two years you see that there are provisions requiring your


Suppliers and contractors beware of personal liability for unfair trade practices claim
  • Bernstein Shur Sawyer & Nelson PA
  • USA
  • October 1 2015

Typically, an officer of a corporation does not incur personal liability for a corporation's torts (i.e., acts of negligence) merely because of his


Consideration of Force Majeure in Construction Contracts
  • Nexsen Pruet
  • USA
  • April 25 2016

Since at least the 19th century, the common law has added wiggle room when it comes to contracts. For example, nonperforming parties may be excused


Owner forfeiture of default termination rights
  • Seyfarth Shaw LLP
  • USA
  • April 4 2016

For construction contractors, default termination is the worst-case scenario from both a financial and reputational perspective. Lost profits, sunk


Killer Clauses in Construction Subcontracts: Allocating Risk with Subcontractor Agreements
  • Brouse McDowell
  • USA
  • April 21 2016

As last week’s newsletter mentioned, 2016 is expected to bring continued growth to the construction industry. This growth also brings increased risk


Bid Shopping Bid Peddling: What It Is, Why It Hurts, and What Can Be Done About It?
  • Kegler Brown Hill + Ritter
  • USA
  • December 7 2015

Eric Travers presented "Bid Shopping Bid Peddling: What It Is, Why It Hurts, and What Can Be Done About It?" at the LMCIFIF Convention in Las


A Flimsy Facade Provides No Shelter: Personal Liability and the Project Architect - What is Meant by "Piercing the Corporate Veil?"
  • Smith Currie & Hancock
  • USA
  • June 21 2016

As a legal precept, officers andor shareholders of a corporation cannot be liable to third parties for the acts of the corporation, which is an


Ignoring RFP formatting requirements is risky
  • Smith Currie & Hancock
  • USA
  • January 3 2014

With the advance of technology and the importance of delivering information to the government by electronic means using that technology, a contractor


General Counsel Update - June 2013 - A summary of major developments in key areas
  • Herbert Smith Freehills LLP
  • Australia, European Union, Singapore, United Kingdom, USA
  • June 21 2013

The Companies Act 2006 (Strategic Report and Directors' Report) Regulations 2013 (Regulations) to amend the structure of UK annual reports have