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Construction Industry › Third-Party Beneficiaries

Tarter Krinsky & Drogin LLP

Consequential Damages: Contract Language Is Key

Tarter Krinsky & Drogin LLP on

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

Porter Hedges LLP

Owners’ Rights Pursuing Claims Directly Against Subcontractors/Vendors

Porter Hedges LLP on

In construction disputes, owners typically deal with defects within the scope of work of the subcontractor or vendor by pursuing claims directly against the general contractor. The owner, however, may consider pursuing claims...more

Bradley Arant Boult Cummings LLP

The Limits of Third-Party Beneficiary Rights in New York

Bradley Arant Boult Cummings LLP on

On complex construction projects, there may be multiple contractors, subcontractors, vendors, suppliers, and sub-subcontractors working along side one another. With various entities working parallel there are substantial...more

Stoel Rives - Ahead of Schedule

The Importance of Third-party Beneficiary Clauses in Contracts

Stoel Rives - Ahead of Schedule on

In resolving construction contract negotiations and disputes, we’ve seen a number of overlooked clauses carry significant importance: a 20-year roof warranty limited to material replacement costs (no tear-out, no install) and...more

Bradley Arant Boult Cummings LLP

Federal Court Rules Contractor Is Not Intended Third-Party Beneficiary under Owner-Engineer Agreement

Bradley Arant Boult Cummings LLP on

In March, a Massachusetts federal court addressed whether a design-builder contractor could recover for breach of contract under an intended third-party beneficiary theory against a design firm hired by the project owner to...more

Cozen O'Connor

Florida Supreme Court Invited to Resolve Assignment-Of-Benefits Controversy

Cozen O'Connor on

At least two Florida appellate courts have directly contradicted each other on an increasingly-important question facing Floridians and the insurance industry. The question is as follows: “Are insurance provisions valid which...more

Troutman Pepper Locke

Divided New York Court Of Appeals Holds That A Third Party Cannot Sue For Breach Of Contract Absent Express Language Naming Them...

Troutman Pepper Locke on

Dormitory Auth. of the State of NY v. Samson Constr. Co., 2018 N.Y. Lexis 218 (February 15, 2018) - The Dormitory Authority of the State of New York (“DASNY”) undertook, as project manager, to construct a facility for the...more

Troutman Pepper

Federal Court in Georgia Holds Specific Contractual Intent to Benefit Required for Tenant to Be Third-Party Beneficiary of...

Troutman Pepper on

J.C. Penney Props. v. Hiram LL, LLC, 2016 U.S. Dist. LEXIS 8027 (N.D. Ga. Jan. 25, 2016) - In January 2008, Hiram LL, LLC (“Hiram”) leased property to J.C. Penney Properties, Inc. (“J.C. Penney”) for the construction and...more

Troutman Pepper

Government Contract: How Can a Subcontractor Get Paid?

Troutman Pepper on

G4S Technology LLC v. US, 779 F.3d 1337 (Fed. Cir. 2015) – A subcontractor worked on construction of wireless broadband networks for rural communities that was funded in part by a loan to the prime contractor from a US...more

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