In January 2025, the Trump administration announced its intention to pursue an America First Trade Policy. Several months later it remains difficult to predict what measures will be employed to implement this policy from one week to the next, not least because some measures have been announced and then withdrawn, postponed or modified immediately after. Whether and to what extent construction projects experience increased materials costs, supply-chain disruptions and materials shortages, delays or perhaps even cancellations remains to be seen. What is clear, however, is that at least some of the materially increased U.S. tariffs and export controls and those levied in response to U.S. tariffs are already substantially affecting construction projects globally and the entire ladder of supply. These disruptions could very well be a source of continuing challenges and uncertainty for projects the world over.

Below is a simple checklist that endeavors to provide a practical reference tool to help companies at all levels of the contractual chain for construction projects review the contractual and other legal mechanisms that may be available to them to navigate the current conditions. This checklist is intended to serve as a starting point for evaluating options to mitigate the impacts of changes in tariffs and export controls, but the application and utility of the contractual mechanisms and laws identified here naturally will vary according to the particular contract language and the governing law.

Reprinted courtesy of Meagan T. Bachman, Joshua M. Lindsay & Edward Norman, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.

Ms. Bachman may be contacted at MBachman@crowell.com
Mr. Lindsay may be contacted at JoshLindsay@crowell.com