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Construction Contracts Jurisdiction

Bradley Arant Boult Cummings LLP

Touching the Void: Newly Enacted Law Clarifies Texas’ “Home-Rule” Construction Statute

In addition to two other newly enacted Texas laws coming out of the most recent legislative session affecting the construction industry, Governor Greg Abbott also signed HB 2960, providing updates to Texas’ “home-rule”...more

Morrison & Foerster LLP - Government...

Bid Protest Spotlight: Jurisdiction, Price Range, Late-Is-Late

This month’s bid protest spotlight features a trifecta of decisions from the U.S. Court of Federal Claims. In MVL USA Inc. v. United States, a consolidated bid protest involving seven protesters, the Court rejected...more

Mayer Brown

Legal Developments in Construction Law: May 2025

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1. ABSENCE OF NOVATION SINKS ADJUDICATION AWARD AGAINST ASSIGNEE - A contractor obtained an adjudication award against an assignee of its employer, which had gone into administration.  But was that assignee the correct...more

BCLP

Reminder of the Principles of Assignment

BCLP on

In this Insight, Katharine Tulloch takes a look at the case of Grove Construction (London) Limited v Bagshot Manor Limited [2025] EWHC 591 (TCC) which provides a welcome reminder of the care which should be taken when...more

BCLP

Battle of the Forms: A Recent Example

BCLP on

In this Insight, first published in the March 2025 edition of the NEC Newsletter, Shy Jackson considers the topic of the “battle of the forms” in the context of a recent Scottish case, Caledonia Water Alliance v Electrosteel...more

Bennett Jones LLP

Divisional Court Clarifies Judicial Review Notice Requirements and May Make ODACC Determinations Publicly Available

Bennett Jones LLP on

The Divisional Court’s recent decision in Gay Co. Ltd. v Sayers Foods Ltd., 2024 ONSC 6123 addressed two noteworthy issues for stakeholders in the Ontario construction industry, particularly industry participants who use the...more

Porter Hedges LLP

Should I File My Next Construction Case in the New Texas Business Court? Maybe.

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The Texas Business Court is a statewide, specialized trial court created to resolve certain complex business disputes. Five of the planned eleven divisions began operating September 1, 2024, with two appointed judges in each...more

BCLP

Adjudication and Insolvency: Interface of Two Statutory Regimes Affecting the Construction Industry

BCLP on

Adjudication has become a key tool in the construction industry, helping employers and contractors resolve disputes quickly and keep cash flowing on projects. But when insolvency enters the picture, things can get tricky —...more

Porter Hedges LLP

Choice of Law and Federal Preemption: Why Texas Law May Not Govern Your Texas Project Despite the Home Rule Statute

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When entering into construction contracts, the question of which state’s laws will govern is a pivotal consideration. Choice of law has real-world implications for how construction disputes are resolved. Different states have...more

BCLP

Changes in the Payment and Adjudication Processes Regarding Variations and Time-related Disputes

BCLP on

In May 2024, the Hong Kong Government introduced the Construction Industry Security of Payment Bill (Bill) to the Legislative Council for first reading. If the Bill is passed into law, the Bill will introduce a statutory...more

Saiber LLC

The Saiber Construction Law Column: December 2023

Saiber LLC on

Courts may only hear and decide cases when they have been granted authority over particular matters and when they have personal jurisdiction over the parties to the matter. The U.S. Supreme Court has held that courts may...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

Hogan Lovells

Master of the Rules – Hong Kong court confirms that arbitral tribunal governs its own procedural rules

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In T v B (Arbitration) [2022] 1 HKLRD 279 the Hong Kong court confirmed that an arbitral tribunal is the "master of its own procedural rules", and that compliance with preconditions to arbitration goes to admissibility, not...more

Snell & Wilmer

Arbitration Provisions in Colorado Construction Contracts: Implications on Challenges to an Arbitrator’s Jurisdiction

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Many construction contracts include provisions requiring the parties to arbitrate disputes relating to the contract or construction project rather than bringing their claims in a court of law. Often times, the arbitration...more

Pierce Atwood LLP

Claims against RIDOT – Important Judicial Decisions in 2019

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The Rhode Island Superior Court came down with a few interesting decisions this year concerning Rhode Island General Law Section 37-13.1-1.  That statute deals with actions against the State of Rhode Island on Highway and...more

Troutman Pepper Locke

GAR Know-How Construction Arbitration - United States

Troutman Pepper Locke on

Legal System - 1. Is your jurisdiction primarily a common law, civil law, customary law or theocratic law jurisdiction? Are the laws substantially derived from the laws of another jurisdiction and, if so, which? What...more

Jones Day

The End of the "Deemed Liability" Adjudication in Western Australia

Jones Day on

The Problem: The Construction Contracts Act 2004 (WA) contains a number of provisions that are to be implied into construction contracts that are silent as to those matters. These implied terms have been a steady source of...more

Jones Day

Australia: Adjudicators’ Security of Payment Determinations Not Reviewable for Errors of Law

Jones Day on

The Situation: The High Court of Australia has, for the first time, confirmed that determinations by adjudicators appointed under security of payment legislation are not reviewable for errors of law alone. The Result: The...more

K&L Gates LLP

The High Court Weighs in on Adjudication Determinations - Errors of Law Are Not Reviewable

K&L Gates LLP on

The High Court has unanimously confirmed in the decision of Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd [2018] HCA 4 (Probuild) that Courts do not have the power to review adjudication determinations made...more

Morgan Lewis

Singapore’s Court of Appeal Clarifies Key Issues of Jurisdiction, Parties’ Obligations Under Payment Disputes Law

Morgan Lewis on

The court’s recent decision in Audi Construction Pte Ltd v Kian Hiap Construction Pte Ltd addresses perennial issues surrounding the validity of contractual payment claims for the purposes of the Building and Construction...more

Womble Bond Dickinson

Say My Name, Say My Name: Appealing Neighbors Must Name the Permit Applicant

Womble Bond Dickinson on

A partner of mine in New York used to say, “Few things can’t be undone in litigation.” I didn’t agree. A recently-decided case, following on less-recently-decided authority, from the North Carolina Court of Appeals reveals...more

Snell & Wilmer

Under Construction - September 2017

Snell & Wilmer on

Welcome to the fall 2017 edition of our Under Construction newsletter. We hope your summer has left you relaxed and refreshed to make the final push to successfully finish out the remainder of the year. In this issue, we...more

McCarter & English, LLP

Litigating Against the Government? Recent Decision Regarding Claim Certification Dispute Proves That Forrest Gump's Mama Was Right...

Forrest Gump’s mama was a brilliant woman. As anyone who watched the 1994 Academy Award-winning classic can confirm, Mrs. Gump’s advice to her son provided an indispensable well of wisdom from which Forrest often drew to...more

Faegre Drinker Biddle & Reath LLP

Managing Project Risk With Enforceable Indemnity Agreements

Most contracts in the construction industry supply chain require the “downstream” project participant to indemnify those “upstream” against a spectrum of losses or claims relating to the project. Upstream participants, such...more

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