Top 10 Killer Construction Contract Clauses, Part 5: Liquidated Damages Provisions
Liquidated damages clauses are common in construction contracts and can create significant risk for contractors. They set a predetermined daily amount for late completion. Under common law and federal contract law, liquidated damages generally must reasonably estimate anticipated delay damages and cannot operate as a penalty. While they can create certainty, they can also threaten profitability if contractors fail to manage schedule risk. This blog highlights key benefits, risks, and practical considerations associated with liquidated damages clauses for construction contractors. . . . Read More
Top 10 Killer Construction Contract Clauses, Part 4: Retainage Provisions
Retainage is a contractual practice that is unique to the construction industry. Most construction contracts entitle project owners as well as lower-tiers to withhold a percentage of each progress payment to contractors or subcontractors until the contracted work is substantially or finally completed. Retainage ensures that contracted work is completed properly, incentivizes timely completion of the work, and provides financial leverage attendant with defects in construction. While contracts largely govern the specific terms as to how much retainage will be . . . Read More
Top 10 Killer Construction Contract Clauses, Part 3: Are the Indemnification Provisions in Your Construction Contract Enforceable?
Construction projects involve high risk. Multiple contractors and subcontractors working on a project site—often with heavy equipment and hazardous conditions—creates the potential for significant injuries, property damages, and delays. To allocate that risk, indemnification provisions are standard in construction contracts. Whether you are a project owner, general contractor, subcontractor, or supplier, chances are your contracts have indemnification provisions that require you, or the party with which you are contracting, to provide indemnification for and a duty to defend against claims . . . Read More
Top 10 Killer Construction Contract Clauses, Part 2: Pay-If-Paid and Pay-When-Paid
In the world of construction, it is essential for both prime contractors and lower-tier subcontractors to carefully manage financial risk when negotiating subcontract agreements. While a party’s ability to distinguish and understand pay-if-paid and pay-when-paid clauses—a critical first step in identifying financial risk—the analysis should not stop there. To protect the rights of both the prime contractor and subcontractor, proper management of financial risk also requires knowledge of applicable state laws and the circumstances affecting the enforceability of such clauses . . . Read More
Top 10 Killer Construction Contract Clauses, Part 1: No Damages for Delay
Those familiar with the construction industry know that construction projects are seldom, if ever, completed within the time originally anticipated at the project’s outset. Fortunately, prime contractors and lower-tier subcontractors are often permitted to seek additional costs stemming from owner-caused delays—commonly referred to as compensable delays. However, the presence of a no damages for delay clause in a contract can significantly impede a contractor’s and subcontractor’s ability to pursue claims for compensable delay. Because delays increase construction costs, construction contractors . . . Read More
Weekly Update for Government Contractors and Commercial Businesses – June 11, 2026
The Weekly Update recaps recent legislative and regulatory updates affecting government contractors and commercial businesses. If you have questions concerning this content, please email marketing@pilieromazza.com. _____________________________________________ PilieroMazza Distinguished for Legal Excellence in 2026 Chambers USA Ranking, PilieroMazza News PilieroMazza is proud to announce that Chambers USA distinguishes the Firm’s Government Contracts Group among the nation’s elite—earning the highest nationwide ranking for the Group’s work with government contractors. Additionally, Isaias “Cy” Alba, IV, earned his first national ranking in Government Contracts, reflecting Cy’s exceptional leadership and extensive experience guiding . . . Read More
Weekly Update for Government Contractors and Commercial Businesses – March 5, 2026
The Weekly Update recaps recent legislative and regulatory updates affecting government contractors and commercial businesses. If you have questions concerning this content, please email marketing@pilieromazza.com. _____________________________________________ BID PROTESTS PilieroMazza Annual Review: Key Insights from Recent Bid Protest Decisions Shaping Government Contractor Success in 2026, PilieroMazza Webinar Replay, Katherine B. Burrows, Eric Valle Join Katie Burrows and Eric Valle, attorneys in PilieroMazza’s Bid Protests and Government Contracts practice groups, as they break down recent decisions that will shape the bid protest landscape in 2026. This session equips government contractors with actionable . . . Read More
Weekly Update for Government Contractors and Commercial Businesses – January 15, 2026
The Weekly Update recaps recent legislative and regulatory updates affecting government contractors and commercial businesses. If you have questions concerning this content, please email marketing@pilieromazza.com. _____________________________________________ GOVERNMENT CONTRACTS Trump Signs Order Pressing Defense Firms to Cut Buybacks, Bloomberg Government President Donald Trump signed an executive order pressing defense contractors to spend less on stock buybacks and dividends while boosting investment in infrastructure and weapons production, according to a person familiar with the matter. Read more here (subscription required). Office of the Inspector General (OIG) Report: . . . Read More
Weekly Update for Government Contractors and Commercial Businesses – June 26, 2025
The Weekly Update recaps recent legislative and regulatory updates affecting government contractors and commercial businesses. If you have questions concerning this content, please email marketing@pilieromazza.com. PilieroMazza’s Managing Partner Tony Franco Receives 2025 Chairman’s Award from Montgomery County Chamber of Commerce, PilieroMazza News, Antonio R. Franco PilieroMazza is pleased to announce that the Firm’s Managing Partner, Tony Franco, is the recipient of the 2025 Chairman’s Award, a prestigious honor presented by the Montgomery County Chamber of Commerce. The Chairman’s Award recognizes an individual whose leadership, . . . Read More
Weekly Update for Government Contractors and Commercial Businesses – May 1, 2025
If you have questions concerning the content below, please visit this link. Upcoming Events: Register to attend PilieroMazza’s upcoming events here. Recent Thought Leadership: Check out PilieroMazza’s recent client alerts and blogs here. Podcasts: Listen to PilieroMazza’s podcasts GovCon Live! here, Clocking in with PilieroMazza here, and Ex Rel. Radio here. GOVERNMENT CONTRACTS SWIFT to Launch May 1: DOD Fast Tracks Software Deployment Opening New Doors for Defense Contractors, PilieroMazza Blog, Samuel S. Finnerty In a decisive move to stay ahead in an era of rapidly evolving . . . Read More