News & Analysis as of

Construction Litigation

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

Lathrop GPM on

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

Lowndes

Florida Construction Defect Damages: Sabga, Vuletic, and the Date of Breach

Lowndes on

Two recent Florida appellate decisions, Bandklayder Development, LLC v. Sabga, and Vuletic Group, LLC v. Malkin, have clarified and reinforced a critical principle in Florida construction law: damages for construction defect...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

Mayer Brown on

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

JAMS on

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

Ward and Smith, P.A. on

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

Phelps Dunbar

You Can Pay Me Now, or…

Phelps Dunbar on

The Utah Court of Appeals delivered a significant ruling – including its length, approximately 12,500 words – underscoring the critical importance of adhering to contract provisions, particularly regarding payment terms in...more

Haight Brown & Bonesteel LLP

California Court of Appeal Clarifies Right of a Party to Oppose Summary Judgment Motions - Even Without Cross-Claims

The Court of Appeal, Fourth Appellate District, Division Two (Riverside) in RND Contractors, Inc. v. Superior Court (2025) issued a significant published decision. The California Court of Appeal addressed a previously...more

Hogan Lovells

UK rights of light: The Battle of Bankside: Revolution or Evolution?

Hogan Lovells on

The development industry has been eagerly awaiting the decision of the High Court in the case of Cooper v Ludgate House Limited, the first significant rights of light case to be litigated since 2020. The case promised to...more

Payne & Fears

Payne & Fears Secures $1.9 Million in Defense Costs for Homebuilder Client in Summary Judgment Win Against Insurer

Payne & Fears on

On July 1, 2025, the U.S. District Court for the Central District of California entered summary judgment in favor of a national homebuilder against its insurance company, United Specialty Insurance Company (“USIC”), holding...more

White and Williams LLP

Oklahoma Limits Claims for Construction Cases

White and Williams LLP on

Often times, subrogation practitioners take the “kitchen sink” approach when pursuing claims: they name all potentially liable parties under all available legal theories and whittle down from there. With construction defect...more

Blake, Cassels & Graydon LLP

Shimco Lien Reaffirmed: B.C. Court of Appeal Clarifies Dual-Lien Structure Under the Builders Lien A

In Kingdom Langley Project Ltd. Partnership v. WQC Mechanical Ltd. (Kingdom Langley), the British Columbia Court of Appeal reaffirmed the validity of what are commonly referred to as “Shimco liens.” Shimco liens are liens...more

Saiber LLC

The Saiber Construction Law Column: May 2025

Saiber LLC on

Court rules typically govern, among other things, court procedures, filing requirements, and timelines/deadlines for filing papers. Failing to comply with court rules and procedures can lead to serious and potentially costly...more

White and Williams LLP

Out of Sight, Out of Mind: Texas Court Finds Construction Defect Claims Were Inherently Undiscoverable, Tolls Statute of...

In Morningside Ministries v. Koontz McCombs Construction, Ltd., No. 08:23-00332-cv, 2025 Tex. App. Lexis 3584 (Morningside), the Court of Appeals of Texas (Court of Appeals) considered whether the plaintiff’s construction...more

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

Gordon Rees Scully Mansukhani

Construction Law Update – Second Quarter 2025

GRSM’s Construction Group is pleased to publish the latest issue of our Construction Law Update, a quarterly take on trends of interest to design professionals, contractors, and developers throughout the country....more

BCLP

Is the Adjudication Process Unfair?

BCLP on

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

Snell & Wilmer

Is a Cure on the Way for Small Businesses Facing Construction-Related Accessibility Claims?

Snell & Wilmer on

The California legislature may be providing California small businesses with another tool to combat construction-related accessibility claims through Senate Bill 84 (SB 84) which advanced to the State Assembly on June 4,...more

Bradley Arant Boult Cummings LLP

The Predominant Factor Test: Determining Whether the UCC or Common Law Applies to Mixed Contracts for Goods and Services

Construction law in the United States consists of two main bodies of legal rules. The first, federal law, applies to contracts involving the U.S. government and its agencies. The second, state law, applies to pretty much...more

Porter Hedges LLP

Texas House Bill 40 Will Reshape the New Texas Business Courts

Porter Hedges LLP on

On June 1, 2025, the Texas legislature passed HB 40, and Governor Greg Abbott signed it on June 21, 2025. The new law helps further define the jurisdiction of Texas’s Business Courts, originally established in 2023. This is...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

624 Results
 / 
View per page
Page: of 25

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide