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Construction Industry › Commercial Contracts

Spilman Thomas & Battle, PLLC

NC Court of Appeals Clarifies How Insurers’ Duties to Defend and Indemnity Are Triggered in Atypical Employment Relationships

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The Court of Appeals’ opinion in N.C. Farm Bureau Mut. Ins. Co. v. Young, (No. COA24-594) addresses how a court is likely to assess the duty to defend and the duty to indemnify under an insurance contract, and the interplay...more

Bradley Arant Boult Cummings LLP

Signature Lines Matter: When a Contract Amendment Is Not Really an Amendment

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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

BCLP

Can You Smash & Grab and Argue About True Value in the Same Adjudication?

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In the case of Bellway Homes Limited v Surgo Construction [2024] EWHC 10 TCC, the court addressed whether it is possible to start a smash & grab adjudication but also a claim based on true value adjudication as a secondary...more

PilieroMazza PLLC

Changes to Construction Prompt Payment Act: What It Means for Construction Contractors Operating in DC

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In 2023, the Private Contractor and Subcontractor Prompt Payment Act of 20131 (the Act) was amended to include additional protections for subcontractors on private projects by limiting a contractor’s setoff rights related to...more

Butler Snow LLP

The Importance of Understanding Mississippi Contractor’s Tax

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Nothing in life is certain except death and taxes.  And if you fail to understand Mississippi’s unique contractor’s tax framework before a project begins, it is almost certain to create problems down the road....more

Bradley Arant Boult Cummings LLP

The Great Debate: Do You Arbitrate Commercial Disputes?

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In a civil case, is it wiser for a business to try to persuade the counterparty to agree from the outset to arbitration—or potentially to place it's very solvency in the unpredictable hands of a judge and jury? Originally...more

Cole Schotz

Litigation Pitfalls – An Illustration of Why Settlement Should Always be an Option

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When does a claim for $50,000 against your business end up costing you two or three times that amount? When you lose the case you’re litigating, in full or in part, and you end up owing years of interest and attorneys’ fees...more

White & Case LLP

Construction Contracts: Liquidated Damages Recoverable for Period Prior to Termination

White & Case LLP on

In Triple Point Technology v PTT, the Supreme Court of the United Kingdom has restored the orthodox position on how termination prior to completion of work affects the operation of a liquidated damages provision. ...more

BCLP

Global Water Associates: applying Hadley v Baxendale

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From time to time, those seminal cases we all studied during the early parts of our career pop up in practice. We’re all familiar with them: the snail in the bottle in Donoghue v Stevenson; the spurious sounding flu remedy in...more

Nutter McClennen & Fish LLP

Force Majeure Events in the Midst of COVID-19

Nutter McClennen & Fish LLP on

The outbreak of COVID-19 has challenged businesses across the board in unprecedented ways. Major conferences and events have been cancelled, restaurants across the country are closing down, and supply chains have been...more

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