Material Price Escalation Issues from 3 Perspectives: Owner, General Contractor, and Subs.

What is the difference between a price escalation clause and a force majeure clause?  

How can you draft, incorporate, negotiate, and best utilize a price escalation clause to protect your interests, whether you are a project owner, general contractor, or subcontractor?  

What else can you do to protect your interests if you are on the “wrong side” of a price escalation clause?

CONTINUING EDUCATION INFORMATION
*  CPE Credit:  1 hour
*  Prerequisite:  None
*  Course Level:  Basic
*  Advanced Preparation:  None 

James M.H. Feuille

Attorney/Shareholder | ScottHulse

James Feuille practices in the areas of commercial litigation, creditors’ rights, and labor and employment law. His practice also includes bankruptcy and restructuring, appeals, and construction law. He is licensed to practice law in both Texas and New Mexico.

Mr. Feuille is experienced in the courtroom, including participation in six jury trials (three as first-chair, and three in a supporting role). He also served as a first-chair in various state court bench trial and one bench bankruptcy trial, and second chair in three bench bankruptcy trials.

He maintains an active litigation and appellate practice, including state court appellate victories, numerous summary judgments, Rule 12(b)(6) dismissals in New Mexico federal court, and several temporary injunction hearings (defending and prosecuting). He has also experience arbitrating complex commercial litigation cases and labor and employment case.

As a member of ScottHulse’s Labor and Employment practice group, Mr. Feuille has advised employers regarding employment policies and handbooks, non-compete agreements, and avoiding potential employment discrimination claims. Mr. Feuille has litigated workers’ compensation disputes, unemployment wage disputes, and discrimination claims in state court and arbitration. Mr. Feuille has also participated in I-9 and FLSA audits by the U.S. Department of Labor.