Construction law in the United States consists of two main bodies of legal rules. The first, federal law, applies to contracts involving the U.S. government and its agencies. The second, state law, applies to pretty much...more
The Oklahoma Supreme Court has rejected a contractor’s performance bond claim due to the lack of adequate notice to the subcontractor’s surety (see Flintco LLC v. Total Installation Management Specialists, Inc., No. 120,100...more
For construction lawyers, the Battle of the Forms presents a familiar fact pattern. A material supplier/seller provides a potential buyer with a price quote along with its standard terms. The buyer, usually a contractor or...more
5/30/2025
/ Breach of Contract ,
Buyers ,
Commercial Litigation ,
Construction Contracts ,
Construction Disputes ,
Construction Industry ,
Contract Disputes ,
Contract Interpretation ,
Contract Terms ,
Dispute Resolution ,
Sellers ,
Subcontractors ,
Uniform Commercial Code (UCC)
“Manifest disregard of the law” is no longer a valid basis to challenge arbitration awards, at least not in the federal courts of Texas, Mississippi and Louisiana. Rather, according to the Fifth Circuit’s decision in U.S....more
5/6/2025
/ Appeals ,
Arbitration ,
Arbitration Awards ,
Business Litigation ,
Construction Disputes ,
Construction Industry ,
Construction Litigation ,
Contract Disputes ,
Contractors ,
Federal Arbitration Act ,
Subcontractors ,
Texas
A California appeals court has upheld a $5 million award in favor of Whiting-Turner Contracting Company and against the owner of a 12-story, Virgin-brand hotel in San Francisco. Whiting-Turner agreed to construct the hotel...more
A New York appeals court has affirmed a $1.6 billion award for the developer of a Bahamas mega project against various subsidiaries of China State Construction Engineering Corporation, the world’s largest construction company...more
4/21/2025
/ Appeals ,
Appellate Courts ,
Bahamas ,
Breach of Contract ,
China ,
Construction Contracts ,
Construction Disputes ,
Construction Industry ,
Construction Litigation ,
Corporate Governance ,
Corporate Veil ,
Damages ,
Fraud ,
Investment ,
Investors ,
Piercing the Corporate Veil
Even though construction cases often involve colorful facts, legal opinions are often quite boring. When a judge writes a colorful opinion about an otherwise boring case, we tip our hat. This week we tip our hat to Judge...more
A federal court in upstate New York is permitting a subcontractor’s delay claim to proceed notwithstanding a “no damages for delay” provision in the subcontract. The case, The Pike Company, Inc. v. Tri-Krete, Ltd., involves...more
An Illinois federal court ruled in favor of steel subcontractor Nucor in its contract dispute with Direct Steel. The project involved the construction of pre-engineering metal buildings for the Army Corps of Engineers. The...more
12/9/2024
/ Attorney's Fees ,
Construction Disputes ,
Construction Industry ,
Construction Litigation ,
Construction Project ,
Contract Disputes ,
Damages ,
Delays ,
Evidence ,
General Contractors ,
Subcontractors ,
Summary Judgment ,
US Army Corps of Engineers
An Idaho court has confirmed an arbitration award for a general contractor who left a project and did not return after being told by the owner to “get the f*** off my site.” The case involves the construction of five...more
All breaches are not created equal. A minor, technical breach may be deemed “immaterial.” Other breaches – so-called “material” breaches — deprive the non-breaching party of something important or essential to the purpose of...more
Last week, the 11th Circuit Court of Appeals confirmed an international arbitration award in a case involving a failed hydroelectric project in Guatemala. The project involved an Engineering, Procurement, and Construction...more
The court in AECOM v. Flatiron was back at it last week with rulings on the parties’ post-trial motions. As you may recall, the case was tried to a jury earlier this year. The jury returned a verdict for AECOM in the amount...more
A Texas court has rejected a pipeline contractor’s $25 million claim for additional costs based on broad release language include in an executed change order (see Wood Group, USA v. Targa NGL Pipeline Company, LLC, No....more
The Eleventh Circuit Court of Appeals issued a decision last week upholding an arbitral award, despite the failure of the arbitrators to make certain pertinent disclosures. The case involves an international arbitration...more
8/23/2023
/ Appeals ,
Arbitration ,
Arbitration Awards ,
Arbitrators ,
Construction Disputes ,
Construction Project ,
Delays ,
Disclosure ,
Federal Arbitration Act ,
International Arbitration ,
International Chamber of Commerce (ICC) ,
Vacated