This feature is a part of “The Dotted Line” series, which takes an in-depth look at the complex legal landscape of the construction industry. To view the entire series, click here.
2022 was the year construction law got back to the nitty gritty.
As the third calendar year of the pandemic era began, contractors were put on notice that just citing “force majeure” clauses in their contracts would no longer be enough to excuse supply chain, materials and labor issues on jobsites.
Then, as wage theft, lien laws and pay-if-paid clauses gained media attention in various markets across the country, construction pros got a crash course in the finer points of contractor-subcontractor relationships.
By summer, a Brazilian plywood ban highlighted the longer-term implications of material substitutions in an era of supply chain shortages, while a focus on carrot-and-stick provisions in contracts looked at the best way to spread risk among all parties in construction projects.
Heading into fall, as talk of recession reached a fever pitch, contractors witnessed an uptick in the use of termination for convenience clauses, as some owners decided to throw in the towel on projects rather than navigate the throes of a tumultuous economic outlook.
Here, we’ve rounded up the leading legal issues and topics addressed in our award-winning Dotted Line column in 2022, so you can start off the new year with a clear-eyed view of what may lie ahead on in 2023.
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