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Breach of Contract General Contractors Construction Industry

Bradley Arant Boult Cummings LLP

Court Affirms $1 Nominal Damage Award in Wind Farm Construction Dispute

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

J.S. Held

Lessons Learned from the Recent Ruling on Contractor Responsibilities in Delay and Inefficiency Claims

J.S. Held on

The recent ruling in Berkley Insurance Company v. Suffolk Construction Company, issued by the United States District Court for the Southern District of Florida, has highlighted several significant lessons for subcontractors,...more

Spilman Thomas & Battle, PLLC

Subcontracting Lessons on Indemnity Provisions, Consistency of Contract Terms and Estoppel From the SC Court of Appeals

The Retreat at Charleston National Country Club Home Owners Ass’n, Inc. v. Winston Carlyle Charleston National, LLC, S.C. App. Case No. 2021-001050, Opinion No. 6099 (Feb. 12, 2025) Key Takeaways: Case Summary (for those of...more

Bradley Arant Boult Cummings LLP

General Contractor Defeats Owner’s Notice Argument and Prevails in Seattle Condo Dispute

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

Bradley Arant Boult Cummings LLP

Court Separates Facts from Fiction – Lack of Supporting Project Documents Dooms Contractor

A recent decision from the U.S. District Court for the Southern District of Florida demonstrates how facts supported by documents generated during the project can be vital to prime contractor/subcontractor disputes. In...more

Robinson+Cole Construction Law Zone

Robinson+Cole’s Amicus Brief Adopted and Cited by Massachusetts’s High Court

Earlier this year, the Associated Subcontractors of Massachusetts hired Robinson+Cole attorney Joseph Barra to submit an amicus brief to the Massachusetts Supreme Judicial Court for consideration in the appeal pending before...more

Stoel Rives -  Ahead of Schedule

The Role of Liquidated Damages Provisions in Construction Contracts

Considering all that can go wrong on a construction site, it can seem like a miracle that anything is ever built. Construction projects can be massive undertakings, often with millions of dollars at stake, requiring the...more

Bradley Arant Boult Cummings LLP

Court Rejects Contractor’s Claim That COVID-19 Rendered Performance Impossible

A fundamental premise of contract law is that promises must be kept. If legally enforceable promises or “contracts” are not kept, courts may step in to enforce them by ordering performance, awarding damages, or granting some...more

Bradley Arant Boult Cummings LLP

Liquidated Damages Disproportionate to Actual Damages Deemed Unenforceable

Construction contacts often include provisions that provide for pre-determined or “liquidated” damages in the event of a breach. Such provisions can provide certainty to the parties as to the consequences of a breach and can...more

BCLP

Can liquidated damages clauses set general cap?

BCLP on

A pair of cases in the past two years have come to opposite conclusions about whether general damages can be capped by contract provisions for liquidated damages. Liquidated damages clauses are a common feature of...more

Bradley Arant Boult Cummings LLP

Damages for Buyer’s Breach of Contract for the Sale of Real Property: Court Rejects Contractor’s Creative Damages Theory in...

Who said legal opinions have to be boring? Not Judge Terrence L. Michael of the U.S. Bankruptcy Court for the Northern District of Oklahoma, who last week issued a colorful opinion rejecting a home builder’s creative claim...more

Bradley Arant Boult Cummings LLP

Limitation of Liability in Extra Work Order Trumped by Subcontract

A federal court in Louisiana last week refused to enforce a limitation of liability provision included in an extra work order holding that it was trumped by the parties’ subcontract (see Planet Construction v. Gemini...more

Stoel Rives -  Ahead of Schedule

Efforts Expected of a Contractor When Efforts Clauses Are in Dispute

Originally published by the Daily Journal of Commerce on May 18, 2023. You will often see in construction contracts terms directing the contractor to use “best efforts” or “reasonable efforts” or “commercially reasonable...more

Stoel Rives -  Ahead of Schedule

What Parties Ought To Consider When Considering Arbitration Provisions

When reviewing a proposed design or construction contract, the responding party will often do a cursory check to see whether the contract proposes arbitration or litigation for dispute resolution. So long as the proposed...more

Davis Wright Tremaine LLP

Do I Need a Contractor License to Enter Into a Development Management Agreement?

Looking at statutes and case law from Washington and California for the answer - Whether a developer is required to obtain a contractor license to enter into a development management agreement ("DMA") must be viewed...more

Miller Nash LLP

Recession Planning: Prepare Ahead If Contract Terminated for Convenience

Miller Nash LLP on

With a recession casting a dark shadow on the new year and news of various projects being put on hold, it is a good time to revisit the checklists on what to do if your contract is terminated for convenience....more

Foley & Lardner LLP

Construction Project Executives Beware: The Massachusetts Prompt Pay Act Means Business

Foley & Lardner LLP on

If you are an executive involved in a Massachusetts construction project, the routine pay applications you exchange in the ordinary course must now receive your utmost attention — as any failure to reject a pay application in...more

Cranfill Sumner LLP

The Three Cases Shaking Up NC Construction Law

Cranfill Sumner LLP on

Three cases have come out in the last year that will significantly impact construction law in North Carolina. - The Court in Crescent v. Trussway held that an owner of a commercial project cannot sue a subcontractor or...more

Bradley Arant Boult Cummings LLP

North Carolina Muddies the Water on the Economic Loss Doctrine

A pair of recent rulings involving the economic loss doctrine from North Carolina serve as a timely reminder to carefully consider the extent of contractual remedies in negotiation of construction agreements – lest a later...more

Stoel Rives -  Ahead of Schedule

Surety Bonds vs. Subcontractor Default Insurance

With construction teams navigating the effects of the COVID-19 pandemic and the world’s material supply chains, securing project performance has perhaps never been at such a premium. If a contractor cannot timely perform, or...more

BCLP

Triple Point v PTT: UK Supreme Court also interprets a contractual cap on liability

BCLP on

The UK Supreme Court recently handed down a highly anticipated judgment on the interpretation of clauses which pertain to liquidated damages and limitations on a contractor’s liability for damages. Most notably, the Supreme...more

Cohen Seglias Pallas Greenhall & Furman PC

Protect Your Construction Project: Top 10 Insurance Provisions to Know

Presented by Jonathan A. Cass on April 27, 2021. Construction projects are dangerous places—people get hurt and property gets damaged. Whether you are a general contractor, a construction manager, or a subcontractor, it is...more

Cohen Seglias Pallas Greenhall & Furman PC

[Webinar] Protect Your Construction Project: Top 10 Insurance Provisions to Know - April 27th, 12:00 pm - 1:00 pm ET

Construction projects are dangerous places—people get hurt and property gets damaged. Whether you are a general contractor, a construction manager, or a subcontractor, it is imperative that you understand the importance of...more

Snell & Wilmer

Prompt Pay Act Lessons from The Arizona Court of Appeals

Snell & Wilmer on

Last November, Arizona’s Court of Appeals issued a memorandum decision analyzing Arizona’s Prompt Pay Act. Though the decision was not published and is not binding authority, it does guide the construction industry and...more

Saul Ewing LLP

Sovereign Immunity Protects Public Texas University in Construction Dispute

Saul Ewing LLP on

On December 1, 2020, the Court of Appeals of Texas (1st District) reversed a lower court decision and held that where a party fails to show that a public university defendant has expressly breached a contractual provision,...more

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