Insights

New York – August 22, 2025: Crowell & Moring lawyers Randa Adra, Joshua Lindsay, Edmund Northcott, and Evelien Van Espen authored a chapter in the sixth edition of Global Arbitration Review’s The Guide to Construction Arbitration. Their chapter explores the allocation of risk in construction contracts, including covering issues like cost overruns, design errors, unforeseen conditions, and delays.

Washington – August 15, 2024: The 2025 edition of The Best Lawyers in America® has recognized 42 Crowell & Moring lawyers as "Best Lawyers" and 29 lawyers as “Ones to Watch.”

Washington – August 17, 2023: The 2024 edition of The Best Lawyers in America® has recognized 47 firm lawyers as "Best Lawyers" and 41 lawyers as “Ones to Watch.”

As the United States government transitions from the Biden Administration to the Trump Administration, significant changes are already impacting infrastructure policy, with likely consequences to both planned and in-progress infrastructure projects around the country. Disruptions in funding and other policy changes are creating uncertainty for investors and stakeholders involved in infrastructure projects, particularly the potential impacts on projects funded under the Infrastructure Investment and Jobs Act and the Inflation Reduction Act of 2022, as previewed in our January 18thclient alert, “Implications of Incoming Administration Changes to Infrastructure Initiatives.”

The ongoing changes surrounding the U.S.’s position on infrastructure between the outgoing Biden administration and the incoming Trump administration is creating policy uncertainty for investors and companies in the infrastructure space. This instability may raise concerns among stakeholders that the U.S. is not an ideal place to invest because of the policy inconsistency and increases the likelihood of disputes arising from existing and potential foreign investment projects.

The new, revised 2021 ICC Rules reflect a shift toward greater modernization, efficiency, integrity, and enforceability. The changes, which apply to all cases registered with the ICC on or after January 1, 2021, are partially influenced by the impact of COVID-19 and the necessary technological adaptations that the Court, like parties and their counsel, have been forced to undergo. This shift is now codified in the revised Article 26(1), which empowers a tribunal to decide whether a hearing should be conducted in person, or remotely by videoconference or telephone, and in the revised Article 3(1), which removes the requirement of paper filing and replaces it with the presumption of electronic transmission. Other notable changes to the ICC Rules include:

This CLE webinar will discuss the differences between engineering, procurement, and construction (EPC) contracts and engineering, procurement, construction, and management (EPCM) contracts in large construction projects. The panel will discuss varying roles of the lead contractor in both environments, how risks and liabilities are attributed, and why making the wrong choice in structuring a project may have high long-term costs. Counsel Joshua Lindsay will be presenting on this panel.

Pillsbury Winthrop Shaw Pittman LLP1200 Seventeenth Street NWWashington, DC 20036-3006