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Construction Industry Evidence

Bradley Arant Boult Cummings LLP

Mistake No. 10 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Not Treating Your Arbitrator Like Santa

I have practiced law for 40 years with the vast majority as a “construction” lawyer. I have seen great… and bad… construction lawyering, both when representing a party and when serving over 300 times as a mediator or...more

Bradley Arant Boult Cummings LLP

Don’t Be a Junkyard Dog: Put Your Agreements in Writing!

A federal judge in Louisiana has dished out some harsh criticism of contractors who don’t reduce their contracts to writing. The case involves the decommissioning of 26 orphaned oil and gas wells near Baton Rouge. The...more

BCLP

Building Safety Act: New TCC Case on Building Information Orders

BCLP on

Section 130 of the Building Safety Act 2022 (BSA) allows the High Court to make building liability orders (BLO) if it considers it just and equitable to do so.  Section 132 allows the court to make an information order to...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

Zelle  LLP

Federal District Court Holds Engineer Is Qualified Enough, and His Methods Are Reliable Enough, to Testify to Date Wind and Hail...

Zelle LLP on

In Wings Platinum, LLC v. Westchester Surplus Lines Ins. Co., No. 3:23-CV-2145-D, 2025 WL 391388 (N.D. Tex. Feb. 4, 2025), a federal district court recently held that an engineer with one year and one month of experience...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

Put Up or Shut Up: Court Grants Summary Judgment for Steel Sub in Price Escalation Clause Dispute

An Illinois federal court ruled in favor of steel subcontractor Nucor in its contract dispute with Direct Steel. The project involved the construction of pre-engineering metal buildings for the Army Corps of Engineers. The...more

Segal McCambridge

New York Labor Law Appellate Division Round-Up

Segal McCambridge on

Issues involved with construction accidents in New York are very fact-specific, and it is important to obtain testimony and evidence of all aspects of the construction project to try and defeat a summary judgment motion....more

Marshall Dennehey

Competent, Substantial Evidence Is the Name of the Game in Construction Disputes

Marshall Dennehey on

Q.D.S. Development, Inc. v. National Lining Systems, Inc., 2024 WL 357984 (Fla. 3d DCA Jan. 31, 2024) - It is common in construction disputes between sophisticated parties for the parties to agree to engage in a bench trial,...more

Saiber LLC

The Saiber Construction Law Column: October/November 2023

Saiber LLC on

The duty to preserve litigation evidence arises when a party in possession of evidence knows that litigation by a party seeking the evidence is pending or probable, and the party in possession of the evidence can foresee the...more

Bradley Arant Boult Cummings LLP

Court Allows Expert Testimony Regarding Measured Mile Analysis Comparing Work on Different Projects

Loss of productivity damages are commonly estimated using a “measured mile” analysis, which compares unimpacted construction work to work which has been disrupted to determine the cost impact of the disruption. Such analyses...more

J.S. Held

Fire Strategy in St. James’s Oncology v Lendlease and the Building Safety Act – An Architect’s Perspective

J.S. Held on

Since the major fire event at Grenfell Tower in June 2017, a significant period of cultural and professional change has occurred within the construction industry in regard to fire safety. During this period, we have seen the...more

Bradley Arant Boult Cummings LLP

Preserve Your Claims by Preserving the Evidence

A recent case out of Washington serves as a good reminder to preserve evidence that may be relevant to pending or future litigation. That includes not only evidence in the form of documents and electronic information, but...more

Bradley Arant Boult Cummings LLP

Damages in Construction Claims: Are “Actual Costs” Actually Required?

The golden standard for the measure of damages in a construction case alleging defective or incomplete work are the actual costs of completion or repair. That is to say, if there is a breach (or multiple breaches) of quality...more

Miller Nash LLP

What do the Rules of Evidence Have to Do With Documenting a Construction Claim? Everything.

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Construction is a document-intensive industry. Construction disputes are equally document-intensive. Given the critical role of written documentation in preserving and resolving construction claims, it is essential that...more

Smith Debnam Narron Drake Saintsing & Myers,...

Court Of Appeals Clarifies That Expert Testimony Required in Nearly All Faulty Construction Cases

In a recent decision touching on many interesting issues, North Carolina’s Court of Appeals effectively determined that, in all but the most obvious cases, expert testimony is required to establish a failure to perform...more

JAMS

Enhancing Efficiency in Construction Disputes: Innovative Techniques for Presenting Evidence to Get to a Faster, More...

JAMS on

The rapid growth of construction arbitration over the last 20 years is a testament to its advantages over traditional litigation: speed, cost and flexibility. But as parties submit larger and more sophisticated disputes, they...more

Payne & Fears

Texas Supreme Court to Review Eight-Corners Duty-to-Defend Rule

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The Texas Supreme Court has accepted certified questions from the Fifth Circuit Court of Appeals to clarify Texas’ eight-corners rule for determining the existence of a duty to defend....more

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

Trafalgar Stump Dump: Arkansas Department of Energy and Environment - Division of Environmental Quality Motion to...

Two documents were prepared by the Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) in regards to Thomas Fredericks and Fredericks Construction Company, Inc., (“Fredericks”) Consent...more

Troutman Pepper Locke

Combatting Arbitration Inefficiency

Troutman Pepper Locke on

“Arbitration has been proven to be an effective way to resolve disputes fairly, privately, promptly and economically.” So provides the preamble to the Construction Industry Rules of the American Arbitration Association. ...more

Schwabe, Williamson & Wyatt PC

Avoiding Tax and Legal Missteps: 4 Takeaways

On September 20, Peterson Sullivan and Schwabe, Williamson & Wyatt partnered to host a seminar titled Avoiding Tax and Legal Missteps for the Construction Industry. Below are some of the key takeaways to consider...more

Spilman Thomas & Battle, PLLC

What’s That Smell? An Examination of Legal Developments Related to Formaldehyde Products

Is that formaldehyde you smell in your newly floored sunroom? Hopefully, it is not. Formaldehyde is a colorless, flammable, strong-smelling chemical used in construction and household products, such as cabinets, furniture,...more

Bennett Jones LLP

Summer Tendering Update: Reasonable Expectations and Negative Contingencies

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A recent decision from the Alberta Court of Queen’s Bench and Court of Appeal in Elan Construction considered and clarified two aspects of tendering law....more

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