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Construction Industry Construction Litigation

Saul Ewing LLP

Unregistered & Unprotected: What a New Maryland Supreme Court Ruling Means for Builders

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A recent decision by the Maryland Supreme Court underscores the importance of following registration and licensing requirements for builders and contractors. In SM Landover, LLC v. Sanders, 489 Md. 614, 330 A.3d 1129 (2025),...more

Tarter Krinsky & Drogin LLP

Consequential Damages: Contract Language Is Key

Judge Andrea Masley of the Supreme Court of New York County rendered a decision in Bldg 44 Developers LLC. v. The Pace Companies of New York LLC, which is highly significant in the area of construction law for two reasons:...more

Saiber LLC

The Saiber Construction Law Column: June 2025

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A statute of repose is a law that sets a fixed time limit after which a lawsuit cannot be brought regardless of when an alleged injury occurred or was discovered....more

Herbert Smith Freehills Kramer

Time’s Up: NSW Court of Appeal Reminder About the Importance of Understanding and Hitting Security of Payment Deadlines

The NSW Court of Appeal in Roberts Co (NSW) Pty Ltd v Sharvain Facades Pty Ltd (Administrators Appointed) [2025] NSWCA 161 has confirmed that, under the Building and Construction Industry Security of Payment Act 1999 (NSW)...more

Bradley Arant Boult Cummings LLP

Consequential vs. Direct Damages

Many construction contracts include a provision that prohibits the parties from recovering “consequential” damages in the event of a breach. Sometimes parties will negotiate and agree to a waiver of consequential damages that...more

Lathrop GPM

Colorado’s Multifamily Construction Incentive Program: What Builders and Developers Need to Know

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On May 12, 2025, Colorado Governor Jared Polis signed into law House Bill 25-1272, creating the Multifamily Construction Incentive Program (MCIP), a voluntary, opt-in framework aimed at encouraging the construction of...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Law Insights, Issue 7, July 2025

Welcome to our seventh issue of The Site Report for 2025! In this edition, we address direct v. consequential damages in Florida, how the OBBB will fuel construction projects, China's construction of the world's largest...more

Spilman Thomas & Battle, PLLC

Building Design Disputes – New Analysis of Direct v. Consequential Damages in Florida

Are design professionals involved in your Florida project? If so, then you need to be aware of this newly decided case. The U.S. District Court for the Middle District of Florida, in Orlando, issued an Order on July 11,...more

Bradley Arant Boult Cummings LLP

Court Rejects Subcontractor’s Safety Excuse for Jumping Ship

A federal judge in Oklahoma last week ruled against an electrical subcontractor who quit work before finishing because it was allegedly unsafe to continue. The court found that the subcontractor was simply losing money, and...more

Mayer Brown

Legal Developments in Construction Law: July 2025

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1. UNFIT FOR HABITATION UNDER THE DPA? HOW DOES THE COURT WORK OUT THE DAMAGES? The Defective Premises Act may be 53 years old but it has received particular attention in recent years, notably following its makeover by...more

JAMS

Resolving Construction Conflicts Efficiently: A Guided Mediation Approach

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With more than 40 years of experience in construction mediations, I’ve seen how early mediator involvement can significantly streamline the resolution process. By engaging a mediator early—before discovery heats up—parties...more

Ward and Smith, P.A.

Design-Build Requirements in North Carolina

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The presentation featured insights from Alex Ferri, a litigation attorney who assists construction industry clients with general litigation matters throughout all phases of the process—from investigation and pleading to...more

Nelson Mullins Riley & Scarborough LLP

Florida Federal Court Makes Pivotal Ruling on Direct vs. Consequential Damages in Design Disputes

In a closely watched order issued July 11, 2025, the U.S. District Court for the Middle District of Florida addressed a previously unresolved and critical question under Florida law: whether remediation costs for defective...more

BCLP

Is the Adjudication Process Unfair?

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On 17 June 2025 the Adjudication Society held a panel discussion, hosted by BCLP, looking at whether the adjudication process is unfair to employers, main contractors or subcontractors or does it just feel that way....more

Davis Wright Tremaine LLP

Contractor Registration in Washington State: Why It's an Important Prerequisite To File Breach of Contract Lawsuits

In Dobson v. Archibald, the Washington Supreme Court addressed and confirmed statutory analyses concerning the required contractor registration in Washington. 1 Wash. 3d 102, 523 P.3d 1190 (2023). Contractors and potential...more

K&L Gates LLP

URS v. BDW [2025]: Supreme Court Confirms Consultants' Duty to Developers for Historic Defects

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The UK Supreme Court’s (Court) decision in URS Corporation Ltd v. BDW Trading Ltd [2025] UKSC 21 resolves key questions around the recoverability of remediation costs where the developer no longer owns the property and has no...more

Weber Gallagher Simpson Stapleton Fires &...

Hard Costs vs. Soft Costs in Builder’s Risk Insurance Policies: A Legal and Practical Guide for Insurance Professionals

Builder’s risk insurance is a cornerstone of effective risk management in the construction industry. It offers protection against a variety of physical and financial risks that can impede the successful and timely completion...more

Spilman Thomas & Battle, PLLC

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

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

Carr Maloney P.C.

Construction Bonds: What They Are and Why They Matter

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Construction bonds are vital tools in the construction industry. A construction bond is an instrument arising out of suretyship law. A project owner may require a contractor to obtain one or more types of construction bond to...more

JAMS

Bridging Cultures, Avoiding Disputes: Why Construction Needs Partnering Dialogue More Than Ever

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Not long ago, I spoke with a general contractor on a multinational infrastructure project. “We had five nationalities on-site,” he said, “and six different ways of interpreting the same deadline.” He wasn’t exaggerating. ...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Industry Insights, Issue 5, May 2025

Welcome to our fifth issue of The Site Report for 2025! In this edition, we address North Carolina's insurers' duties, the increases and decreases in construction for renewable energies, construction and tariffs, and the...more

Rivkin Radler LLP

May 2025 New York Insurance Coverage Law Update

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Utica National Assurance Company issued a liability policy to Bond Painting Company. Bond’s employee was injured working at a construction project at premises leased by Amazon.com Services Inc. and filed a bodily injury...more

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

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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

Bradley Arant Boult Cummings LLP

Does “Indemnify” = “Hold Harmless”?

Does this sound familiar? Nearly every construction contract contains an indemnification provision with some variation of these terms. And if you have ever negotiated a construction contract, you know that indemnification...more

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