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Between Biden’s “most pro-union president ever” term and Trump’s recent federal policy changes done more by chainsaw than scalpel, Project Labor Agreements (PLAs) have endured a tumultuous path recently. Used primarily on construction projects, PLAs refer to pre-hire contractor collective bargaining...
Earlier this year, the American Institute of Architects (“ AIA”) released updated form contract documents for traditional design-build (“ Traditional DB”) construction projects and introduced a new set of progressive design-build (“ Progressive DB”) forms. In a design-build project, the owner...
The 2025 steel and aluminum tariffs are already reshaping cost structures in the construction sector, adding financial pressures to an industry that had hoped for more stability this year. On March 4, 2025, the U.S. imposed a 25% tariff on steel and aluminum imports from Canada and Mexico, with a...
“Substantial Completion” is a critical concept in construction contracts and one as to which parties often have contrary conceptions. Finding a definition of Substantial Completion acceptable to both the owner and the construction contractor on a project (not to mention one that aligns with the term...
Section 179D of the Internal Revenue Code, first enacted in 2006, grants qualifying building owners or tenants of commercial buildings a federal tax deduction for the installation of energy-efficient features and systems in existing or new-build projects. The Inflation Reduction Act of 2022 (“IRA”)...
Flow-down (or “pass-through” or “conduit”) clauses are a common feature in construction contracts, particularly in projects involving multiple tiers of contracts. These clauses are intended to ensure the terms and conditions between the prime contractor and owner apply to all lower tiers of...
On November 30, 2023, the Illinois Supreme Court issued a decision in the case of Acuity v. M/I Homes of Chicago, LLC, et al., 2023 IL 129087 with significant implications for insurance coverage of construction defects under commercial general liability (CGL) policies.
A recent Maryland appellate decision arising from an insurance company’s exercise of subrogation rights against negligent subcontractors in connection with tornado damage to a warehouse illustrates the pitfalls of waiver of subrogation clauses in construction contracts. In XL Insurance America, Inc...
In a recent decision by the Seventh U.S. Circuit Court of Appeals, the court interpreted Illinois law and clarified the rights and obligations of owners, their insurers and public adjusters in the situation in which the public adjuster is identified as a co-payee on a check paying insurance proceeds...
In this episode of “The Entrepreneur Advisor,” Steven Malitz concludes his Top 20 Countdown of the best negotiation tips for businesses, with Tips #20 and #21: “Think outside the box” and “Don’t get bullied; get it in writing.”
In this episode of “The Entrepreneur Advisor,” Steven Malitz continues his Top 20 Countdown of the best negotiation tips for businesses, with tips #18 and #19: “Believing in yourself equals victory” and “Don’t get thrown off your game by an obnoxious opponent.”
In this episode of “The Entrepreneur Advisor,” Steven Malitz continues his Top 20 Countdown of the best negotiation tips for businesses, with tips #16 and #17: “Create a sense of urgency” and “Don’t terminate talks; adjourn for the day.”
In this episode of “The Entrepreneur Advisor,” Steven Malitz continues his Top 20 Countdown of the best negotiation tips for businesses, with tips #14 and #15: “Terms are spokes on a wheel” and “Start negotiating on page 15, not page 1.”
In this episode of “The Entrepreneur Advisor,” Steven Malitz continues his Top 20 Countdown of the best negotiation tips for businesses, with tips #12 and #13: “Create power with knowledge” and “Determine your opponent’s needs.”
In this episode of “The Entrepreneur Advisor,” Steven Malitz continues his Top 20 Countdown of the best negotiation tips for businesses, with tips #10 and #11: "Be quiet and listen” and “Know the players.”
In this episode of “The Entrepreneur Advisor,” Steven Malit z continues his Top 20 Countdown of the best negotiation tips for businesses, with tips 8 and 9: “Get the other side to invest time” and “Select the negotiation location.”
In this episode of “The Entrepreneur Advisor,” Steven Malitz continues his Top 20 Countdown of the best negotiation tips for businesses, with tips 6 and 7: “Justifying your demands and offers” and “Avoiding your bottom line.”
In this episode of “The Entrepreneur Advisor,” Steven Malitz continues his Top 20 Countdown of the best negotiation tips for businesses, with tips 4 and 5: “Don’t make two offers in a row” and “Know your objectives.”
In this episode of “The Entrepreneur Advisor,” Steven Malitz of Saul Ewing’s Litigation Practice reviews the key terms to include in any contract for the sale of goods to help the seller avoid potential litigation.
Condominium and community associations have many challenges day to day, but none are as disturbing or vexing as the hoarder. Management typically becomes aware of a hoarder when the living conditions begin to affect other unit owners, whether by leaks, insect infestations, or foul odors in the...