Many construction contracts include a provision that prohibits the parties from recovering “consequential” damages in the event of a breach. Sometimes parties will negotiate and agree to a waiver of consequential damages that...more
A federal judge in Oklahoma last week ruled against an electrical subcontractor who quit work before finishing because it was allegedly unsafe to continue. The court found that the subcontractor was simply losing money, and...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)
Court Affirms $1 Nominal Damage Award in Wind Farm Construction Dispute
The general contractor on the 60-turbine wind farm project in Good Hope, Illinois, is entitled to collect a whopping $1 on its cost-to-complete claim...more
5/23/2025
/ Appeals ,
Breach of Contract ,
Construction Contracts ,
Construction Industry ,
Construction Litigation ,
Contract Disputes ,
Damages ,
Dispute Resolution ,
General Contractors ,
Subcontractors ,
Summary Judgment
“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 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
The corporate veil is a fundamental concept of American jurisprudence that generally shields owners and officers from the lability of the corporation. Unless the corporate veil is pierced or otherwise avoided, owners and...more
A federal judge in Louisiana has dished out some harsh criticism of contractors who don’t reduce their contracts to writing. The case involves the decommissioning of 26 orphaned oil and gas wells near Baton Rouge. The...more
3/21/2025
/ Arbitration ,
Breach of Contract ,
Construction Contracts ,
Construction Industry ,
Construction Litigation ,
Contract Disputes ,
Contract Terms ,
Dispute Resolution ,
Evidence ,
Litigation Strategies ,
Oil & Gas
A federal judge in New York served up a good reminder last week about the importance of dotting your i’s and crossing your t’s when it comes to perfecting a mechanic’s lien. The case involves a payment dispute between a...more
Not according to a decision from a federal court in Ohio. The case involves a landscaping project at a hillside home in Cincinnati. The property overlooks the Ohio River, but like many projects that become cases, it ended up...more
The Washington Court of Appeals recently affirmed a jury verdict and $30 million judgment for general contractor Skanska. The case involves the construction of the 41-story Nexus condominium tower in downtown Seattle. As is...more
2/5/2025
/ Appeals ,
Attorney's Fees ,
Breach of Contract ,
Construction Contracts ,
Construction Industry ,
Construction Litigation ,
Contract Disputes ,
Contract Terms ,
Evidence ,
General Contractors ,
Jury Trial ,
Litigation Strategies
As construction claim lawyers, we are always on the lookout for insurance policies or “bonds” that might satisfy our client’s claim. On federal projects, this includes performance and payment bonds known as Miller Act bonds....more
1/27/2025
/ Appeals ,
Bonds ,
Construction Contracts ,
Construction Industry ,
Construction Litigation ,
Contract Disputes ,
Federal Contractors ,
Insurance Claims ,
Insurance Industry ,
Risk Management ,
Subcontractors ,
Surety Bonds
Here at Bradley we frequently represent clients pursuing or opposing claims for lost productivity on construction jobs. The gist of those claims is that something happened which decreased productivity and thereby increased...more
12/27/2024
/ Construction Contracts ,
Construction Industry ,
Construction Litigation ,
Construction Project ,
Contract Disputes ,
Contract Terms ,
Damages ,
Delays ,
Federal Rules of Evidence ,
Lost Productivity ,
Rule of Evidence 702
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
Construction law is largely a matter of contract law. Yes, there are federal and state statutes that deal with construction issues and, yes, construction cases sometimes involve tort claims, but more often than not,...more
In an unpublished opinion, a California appeals court has upheld a subcontractor’s mechanics lien claim despite the subcontractor’s failure to strictly follow the procedural requirements set forth in the mechanics lien...more
5/9/2024
/ Construction Contracts ,
Construction Industry ,
Construction Litigation ,
Construction Project ,
Contract Disputes ,
Contract Terms ,
Foreclosure ,
Lenders ,
Liens ,
Mechanics Lien ,
Subcontractors
We previously blogged about the hotly contested dispute between AECOM and FlatIron involving the I-70 construction project outside of Denver. After an 18-day trial, the jury returned a verdict last month for plaintiff AECOM...more
The Second Circuit Court of Appeals recently applied a no-damages-for-delay provision to affirm the dismissal of a demolition contractor’s breach of contract claims. The project involved reconstructing and raising the Bayonne...more
The court in AECOM v. Flatiron is back at it issuing additional evidentiary rulings as the parties head to trial later this month. These latest rulings highlight the risk of seeking the same damages from multiple parties,...more
A Colorado federal court will allow a contractor to prove up more than $250 million in damages using the modified total cost method (see AECOM Technical Services v. Flatiron AECOM, LLC, Case No. 19-CV-2811, 2024 WL 22640 (D....more
Back in April we examined the court’s decision in Boldt v. Black & Veatch, which dismissed a subcontractor’s counterclaim for wrongful termination on a 60-turbine wind farm project. As you may recall, the subcontractor hired...more