Jonathan Miles, senior counsel in Peckar & Abramson's Houston office, has written "Freedom of Contract and Its Limits: Selected Issues for the Construction Industry," an article for the Construction Law Journal, the official publication of the Construction Law Section of the State Bar of Texas. Jonathan discusses freedom of contract, which has deep roots in American law, and the limits [...] Read More

Matthew Moore, co-managing partner of Peckar & Abramson's Texas offices, and Senior Associate Lee Banta, have written "The Force Majeure Doctrine and Standard Construction Form Contract Provisions: Revisiting an Old Contract Provision During These New Uncertain Times," an article for the Construction Law Journal, the official publication of the Construction Law Section of the State Bar of Texas. Matt and [...] Read More

This article was written for the ConsensusDocs newsletter and first appeared here. As the need for faster and more efficient construction increases, design-build agreements are growing in popularity. Design-build projects may account for 44% of nonresidential building in the United States this year. However, contractors who venture into a “design builder” role may unexpectedly become liable for design errors/omissions that [...] Read More

Craig A Landy, a partner in Peckar & Abramson’s New York office, has written, “Liquidated Damages in Construction Contracts: An 'Exclusive Remedy' for Delays in NY?” an article for the New York Law Journal. Craig discusses how careful attention must be paid to the development and drafting of liquidated damages provisions in operating under New York law. Those with access [...] Read More

If New York State Governor Andrew Cuomo decides to sign the current version of this bill, S2766-C, into law, the law will take effect within 120 days and it will make all contractors on private projects strictly liable for unpaid wage claims (including benefits) by employees of subcontractors at every tier.  The new law would be consistent with federal law, [...] Read More