News & Analysis as of

Breach of Contract State and Local Government

Bradley Arant Boult Cummings LLP

Bid Protests in Missouri

For government contractors doing business in Missouri, understanding the state’s bid protest process is essential. When a contractor believes that a contract award was improper or unfair, the state of Missouri allows for a...more

Husch Blackwell LLP

Oklahoma Legislature Creates Two New Specialty Courts

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Oklahoma has now joined many other states creating specialty business courts to handle complex business litigation. Senate Bill 632 creates two new specialized business courts, which will be located in Oklahoma County and...more

Hahn Loeser & Parks LLP

When The CSPA Doesn’t Apply: Orion v. Kaeka and Ohio’s Construction Service Exemption

In a recent Ohio Ninth District Court of Appeals decision, homeowners who experienced significant property damage from both a fallen tree and inadequate contractor work were left without the protection of Ohio’s Consumer...more

Rivkin Radler LLP

May 2025 Insurance Update

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We touch upon several issues in this month’s update. Negligent breach of contract: Courts recognize that a CGL policy does not cover breach of contract claims. But where the insured is accused of negligently performing its...more

Allen Matkins

Nevada Supreme Court: Judge, Not Jury, Decides Unambiguous Contract

Allen Matkins on

In 2011, a local water district in Nevada entered into a lease agreement with Paradise Canyon, LLC to provide shares of water for irrigating the Wolf Creek Golf Club.   The lease agreement granted Paradise Canyon a right of...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Sanitary Sewer Overflow/Alleged Damages: Circuit Court of Carrol County, Arkansas Complaint Filed Against Eureka Springs

James McEvoy (“McEvoy”) filed an April 2nd Complaint in the Circuit Court of Carroll County, Arkansas against Eureka Springs, Arkansas alleging damages due to a sanitary sewer overflow (“SSO”). See Case No. 08WCV-25-39....more

Gray Reed

Texas Supreme Court Allows Enforcement of a JOA Debt After Foreclosure

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In Steelhead Midstream Partners, LLC v. CL III Funding Holding Company, LLC, the Texas Supreme Court authorized a pipeline owner’s breach-of-contract claim—alleging a co-owner used foreclosure to avoid cost-sharing...more

Fox Rothschild LLP

Franchising Beyond State Lines: Minnesota Expands Franchise Act Reach

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While the Court found that the bundled costs did not constitute a franchise fee, the MFA may apply to franchisees located outside the state of Minnesota. Pennsylvania based distributor, M&M Creative Laminants’ (M&M) bought...more

Conn Kavanaugh

The Massachusetts Prompt Payment Act Continues to Have Harsh Consequences for Transgressors, Unwitting or Otherwise

Conn Kavanaugh on

With the exception of those living under rocks, construction professionals are well aware of the recent spate of litigation about the Massachusetts Prompt Pay Act. In 2022, the Massachusetts Appeals Court interpreted the Act...more

Kohrman Jackson & Krantz LLP

The City of Cleveland and State of Ohio Fight to Enforce the Modell Law and Block the Browns’ Move to Brook Park

This week, the City of Cleveland (the City) and the State of Ohio (the State) took several key actions in the battle to prevent the Cleveland Browns from relocating to a domed facility in Brook Park, Ohio. On January 14,...more

McDermott Will & Emery

This Week in 340B: January 7 – 13, 2025

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Find this week’s updates on 340B litigation to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets of more than 50 340B cases to provide you with a quick...more

Brownstein Hyatt Farber Schreck

City’s Termination for Convenience Found in Breach of Contract

A recent Tenth Circuit ruling in an appeal successfully defended by Brownstein Hyatt Farber Schreck affirmed a lower court judgment arising from a termination for convenience. This decision serves as support to contractors...more

Farrell Fritz, P.C.

The Importance of Filing a Notice of Claim Against a Village: CPLR 9802 – A Trap for the Unwary Litigator

Farrell Fritz, P.C. on

Failing to file a notice of claim pursuant to Civil Practice Law and Rules (“CPLR”) Section 9802 can become a trap for the unwary litigator who commences a hybrid proceeding-action (Article 78 claim(s) combined with plenary...more

Freiberger Haber LLP

New York City Sparkies Beware – Be Licensed or be Square

Freiberger Haber LLP on

This BLOG has previously addressed issues related to proper licensure for contractors and the problems that arise for them if they perform work without a license. We have previously noted that home improvement contractors are...more

Jones Day

New York State Limits Remedies for Breach of Nondisclosure Provisions in Settlement Agreements

Jones Day on

On November 17, 2023, New York Governor Kathy Hochul signed a law—which is effective immediately—banning clauses in agreements settling discrimination, retaliation, or harassment claims from requiring a complainant to pay...more

Bradley Arant Boult Cummings LLP

West Virginia Supreme Court Offers Guidance on Contractual and Implied Indemnity Claims

The West Virginia Supreme Court of Appeals recently reversed, in part, and affirmed, in part, a lower court decision regarding dismissal of contractual indemnity and implied indemnity claims. WW Consultants was the design...more

Carlton Fields

Expect Focus - Volume III, September 2023

Carlton Fields on

Regulators Hit Jackpot: Off-Channel Communications - Several years before announcing the first “off-channel” communications enforcement action, the SEC and FINRA cautioned broker-dealers and investment advisers about...more

Lathrop GPM

Minnesota Federal Court Holds Assignment of Franchise Does Not Constitute a Sale Under the Minnesota Franchise Act

Lathrop GPM on

A federal court in Minnesota has dismissed a claim under the Minnesota Franchise Act (MFA), holding that a franchisor’s consent to the assignment of a franchise does not constitute a sale or an offer to sell under the Act....more

Wiley Rein LLP

[Webinar] What Companies and Others Need to Know about DC’s New Pay-to-Play Law - November 15th, 2:00 pm - 2:30 pm EST

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The District of Columbia’s new pay-to-pay law becomes operational the day after the election, November 9, 2022. During this 30-minute webinar, you will learn about the nuances of the new law and how companies, trade...more

Patterson Belknap Webb & Tyler LLP

New SDNY Decision on Administrative Priority for Executory Contracts

To encourage parties to transact with debtors in bankruptcy, the Bankruptcy Code in corporate bankruptcies provides highest priority to “administrative expenses,” which include “the actual, necessary costs and expenses of...more

Bradley Arant Boult Cummings LLP

Want to File a Mechanics’ Lien in California? Here’s What You Can (and Can’t) Include

How can a contractor, subcontractor, or supplier secure payment for its work? One solution is to file a mechanics’ lien against a project’s property. Lien laws vary widely from state to state and time to time because...more

Freeman Law

Texas Law and Section 271 Contractual Waiver’s of Governmental Immunity to Suit

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Governmental Immunity - Under Texas law, school districts are generally immune from suit and liability unless the legislature expressly waives governmental immunity. Generally, absent an express legislative waiver, such as...more

Freeman Law

Governmental Immunity Under Texas Law

Freeman Law on

Governmental Immunity - Although often used interchangeably, the terms sovereign immunity and governmental immunity involve two distinct concepts.  Sovereign immunity protects the State and divisions of state government...more

Bradley Arant Boult Cummings LLP

The Minority Shareholder’s Arrows Are Still Sharp in the Quiver: Claims Available to Oppressed Minority Shareholders under Texas...

The seven-year anniversary of the Texas Supreme Court’s decision in Ritchie v. Rupee has come and gone, and the court’s holding from 2014 remains the law: Minority shareholders in Texas private companies do not have a cause...more

Bradley Arant Boult Cummings LLP

Texas Update: HB 1578 – Attorney’s Fees - Construction and Procurement Law News, Q3 2021

Effective September 1, 2021: HB 1578 closes the loophole of the previous version of Chapter 38 of the Texas Civil Practice & Remedies Code so that parties will be able to recover attorneys’ fees from LLCs, LLPs, LPs, or other...more

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