Articles in Construction

Change in Illinois Prompt Payment Law Limits Owners’ Retainage Amounts

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A recent change in Illinois law will have a significant impact on how much retainage owners are allowed to withhold in the vast majority of new construction contracts in the state. The change to the Illinois Contractors Prompt Payment Act -- effective Aug. 20, 2019 -- puts a cap on the amount of retainage that may be withheld by owners Read More

Holding Redlich’s expert guide to the new financial year

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As the new financial year rapidly approaches, we outline the key changes that will take effect from 1 July 2019 – as well as in the coming months - and discuss what you can do to best prepare for them. We examine the changes set to take place in: Competition & Consumer Construction & Infrastructure Corporate & Commercial Procurement Technology, Media Read More

Battle of the Forms: Construction Contract Vs. Insurance Policy

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While construction contracts (and subcontracts) generally include specific requirements for insurance coverage that the contractor or subcontractor agrees to maintain, the contract may not specifically require all of the bells and whistles that are part of the insurance program purchased by the contractor or subcontractor. Insurers are increasingly engaging in a version of the “battle of the forms” by writing Read More

Building a Better Construction Lawyer: Seeing a Project From the Owner’s Side

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We have all heard the old axiom: A lawyer who represents themself has a fool for a client. More truth than not in that statement, probably. But I recently learned an often unrepeated corollary: Being a client can make you a better lawyer. My career as a construction lawyer spans nearly 40 years.During that time, I have represented owners and Read More

NSW Government Bulletin – summer edition

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Welcome to the summer edition of NSW Government Bulletin - your essential holiday season reading! In this special edition of our fortnightly publication, we take a magnifying glass to the issues and reforms that emerged over 2018 in key areas affecting government. We also cast forward to examine the expected major trends and developments for 2019. Our authors will also Read More

Issues Facing the Construction Industry in 2019

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As 2018 begins to wind down, it is the traditional time for industry experts to prognosticate on risks facing the construction industry. We have reviewed several such prognostications from the insurance and construction industries and combined it with our personal and anecdotal experience and offer the following brief list of issues which the Gould & Ratner Construction Practice believe could Read More

Holding Redlich: 2018 year in review – the top issues and where to next

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As 2018 rapidly draws to a close, our practice group experts take a magnifying glass to the top issues from the year - and outline what they expect to dominate in 2019. We examine the key issues in: Competition & Consumer: A review of the ACCC's actions this year in relation to its 2018 enforcement priorities Construction & Infrastructure: A year of Read More

Why You Should Think Twice Before Withholding Payment From Your Subcontractor

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As anyone involved in even the most straightforward construction project is aware, payment disputes frequently arise between contractors.  If you are in the middle of the payment dispute, it may seem practical to withhold all payment to the subcontractor until the dispute is resolved.  However, a recent holding by the California Supreme Court demonstrates the danger in failing to timely Read More

Construction Pricing Models – Choosing an Appropriate Pricing Arrangement

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In this article, part of the Lexis Practice Advisor practical guides for clients and lawyers, partner Rich Reizen, co-chair of Gould & Ratner’s Construction Practice, and Dan Crowley and Phil Piecuch, associates at Gould & Ratner, discuss how when negotiating a construction contract, the pricing model selected to determine the cost of the project is arguably the most important decision Read More