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Breach of Contract › Construction Contracts › Waivers

Fox Rothschild LLP

Lessons Learned – Did I Waive My Claim Against the Government?

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Contractors working with the federal government understand that contract modifications are a fact of life. Projects rarely unfold exactly as planned – and changes to the scope of work, performance deadlines, and pricing...more

Saiber LLC

The Saiber Construction Law Column: April 2025

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New Jersey law recognizes that the voluntary arbitration of civil disputes is generally favored, subject to certain exceptions. One exception occurs when a party to a contract containing an arbitration waives its right to...more

Conn Kavanaugh

Residential Construction Projects: Pre-construction Part 1

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This Article is Part 1 in a series of articles discussing common considerations that homeowners should look for before, during, and after a residential construction project. Part 1 focuses on arguably the most important...more

Buchalter

Court Recognizes Day-to-Day Changes Are Compensable Despite Contractual Waivers

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It happens all the time! The owner-contractor agreement contains a “no damages for delay” clause; a clause requiring that all changes be in writing before work is performed; and a clause requiring partial lien waivers and...more

Miles Mediation & Arbitration

Georgia Changes Lien Law

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On August 5, 2020, Georgia Governor Brian Kemp signed a new law, Senate Bill 315, changing Georgia’s lien law statute, O.C.G.A. 44-14-366. The new statute, effective January 1, 2021, makes clear that lien waivers only waive...more

Troutman Pepper Locke

Change in Georgia Lien Law

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On August 5, 2020, Governor Brian Kemp signed Georgia Senate Bill 315 into law. This new law, which is codified at Title 44, Chapter 14, Section 366 of the Official Code of Georgia Annotated, substantially changes the way...more

Bradley Arant Boult Cummings LLP

Prior Material Breach May Excuse Performance, but the Factfinder Must Agree It Was a Material Breach

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In most jurisdictions, a party may be excused from any future performance under a contract by the prior material breach of the other party. A “prior material breach” is typically defined as conduct that deprives the injured...more

White and Williams LLP

Wisconsin Supreme Court Holds that Subrogation Waiver Does Not Violate Statute Prohibiting Limitation on Tort Liability in...

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In Rural Mut. Ins. Co. v. Lester Bldgs., LLC 2019 WI 70, 2019 Wisc. LEXIS 272, the Supreme Court of Wisconsin considered whether a subrogation waiver clause in a construction contract between the defendant and the plaintiff’s...more

Troutman Pepper Locke

Federal Court in Louisiana Upholds Suspensive Condition Not Subject Solely to Owner’s Whim

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Team Contractors, LLC v. Waypoint Nola, LLC, No. 16-1131, 2019 BL 96133 (E.D. La. Mar. 20, 2019) - The Eastern District of Louisiana recently denied the motion of a prime contractor (the “Contractor”) for summary judgment...more

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