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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

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

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

J.S. Held

Explaining Standard of Care in Construction Disputes

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Setting the Stage for Construction Litigation Support - The scale and complexity of construction projects often lead to a different outcome than expected, creating a dispute between the parties. Many construction disputes...more

Conn Kavanaugh

Update Your Construction Contract! Massachusetts Supreme Judicial Court Holds that Breach of Contractual Indemnity Provision is...

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Under the Massachusetts statute of repose, tort claims involving improvements to real estate generally must be initiated within six years of the improvement’s opening to use. So, for example, if a worker suffers a jobsite...more

BCLP

Briefcase 2025 Quarter 1: Key Real Estate Cases and Updates

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Case 1: Handston Investments Limited v Abri Group Limited - The court refused to grant an interim injunction to pause construction that would significantly interfere with a neighbour’s rights to light. Instead, the Court...more

Womble Bond Dickinson

[Webinar] Early Warning Signs that Your Construction Project is Heading in the Wrong Direction: Lessons Learned from Troubled...

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Complex construction projects are never easy, particularly for project owners not used to the construction process. Disputes over costs overruns and delays are unfortunately the norm, and if not addressed quickly, can consume...more

MG+M The Law Firm

Disputes on Major Subsurface Projects: Sources, and the Promise of Early Contractor Involvement

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Disputes are inherent on major subsurface projects. Typically, these disputes arise out of differing subsurface conditions and disagreements about the roles, responsibilities, and risks of the various project participants in...more

Bradley Arant Boult Cummings LLP

Is It Defamatory to Call Your Contractor a Crook and a Con Man?

Not according to a decision from a federal court in Ohio. The case involves a landscaping project at a hillside home in Cincinnati. The property overlooks the Ohio River, but like many projects that become cases, it ended up...more

Gray Reed

Disrupted Operations – Owners Beware! – Part 2 (DAMAGES)

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Liquidated damages are intended to provide predictability to the owner and contractor as to the financial consequence of not completing a project in a timely manner. Since liquidated damages are intended to compensate the...more

Gray Reed

Lien and Bond Claims in February 2025: Dates to Remember

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Use this guide as a reference when filing lien and bond claim notices for the month of February....more

American Conference Institute (ACI)

[Event] 17th National Conference on Navigating Risk in Construction Contracts & Projects - February 27th - 28th, Toronto, ON,...

Join industry leaders, legal experts, and fellow construction professionals at CI’s 17th National Conference on Navigating Risk in Construction Contracts & Projects, for two impactful days of knowledge sharing, actionable...more

Womble Bond Dickinson

Litigation or Arbitration: Which is Better for Adjudicating Contract Disputes?

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Ask anyone with experience on construction projects, particularly large, complex “mega-projects,” and they will tell you that disputes are an expected part of doing business. It is rare that these projects come in on schedule...more

Amundsen Davis LLC

[Webinar] Tenth Annual Construction Industry Legal Power Seminar - January 23rd, 8:00 am - 12:00 pm CT

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Join our interdisciplinary panel of Amundsen Davis attorneys for a half-day livestream seminar highlighting the key issues and emerging trends impacting the construction industry. With an eye toward 2025 and beyond, sessions...more

Woods Rogers

Contractor’s $25M Insurance Claim Waived Because of Untimely Notice to Insurer

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A recent holding in Fairfax County Circuit Court reinforces the importance of contractors giving timely claim notice to their insurers. The case, St. Paul Fire and Marine Ins. Co. v. HITT Contracting, Inc., decided on...more

Bradley Arant Boult Cummings LLP

Lost Productivity Damages in Construction: The Modified Total Cost Method

Here at Bradley we frequently represent clients pursuing or opposing claims for lost productivity on construction jobs. The gist of those claims is that something happened which decreased productivity and thereby increased...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

Mandelbaum Barrett PC

Preventing and Resolving Construction Disputes: Understanding Liability

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Construction projects involve many moving parts, and when things go wrong—such as defects or failures—it’s crucial to understand who may be liable. Whether you’re a contractor, designer, owner, or manufacturer, each party has...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Law Insights, Issue 11, November 2024

Welcome to our 11th issue of 2024 for our construction industry insights e-newsletter - The Site Report. In this edition, we cover a wide variety of topics of interest for those in the construction industry—from a deep dive...more

Spilman Thomas & Battle, PLLC

Federally Funded Projects and Minority/Women-Owned Businesses – A Legal Lesson

It may seem obvious that construction companies and federal agencies, such as the Department of Transportation, are to adhere to the federal regulatory statutes for federally funded construction projects, but you would be...more

Bradley Arant Boult Cummings LLP

Get the F*** Off My Site! Court Upholds Verbal Contract Termination

An Idaho court has confirmed an arbitration award for a general contractor who left a project and did not return after being told by the owner to “get the f*** off my site.” The case involves the construction of five...more

Snell & Wilmer

What’s In Your Best Interest? Summary of a Recent Utah Supreme Court Case on Post-Judgment Interest in a Construction Case

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On March 7, 2024, the Utah Supreme Court issued its decision in Sunstone Realty Partners X LLC v. Bodell Construction Company (2024 UT 9). The decision provides a cautionary tale for parties to a construction contract who may...more

Bradley Arant Boult Cummings LLP

The Power of Incorporation Compels You: Surety Succeeds in Compelling Contractor to Arbitrate Bond Claims Pursuant to Arbitration...

In Swinerton Builders, Inc. v. Argonaut Insurance Co., Swinerton Builders, a contractor, sued a surety on bond claims arising from defaults by its subcontractor on a series of work orders. The owner of Swinerton’s mechanical...more

Sheppard Mullin Richter & Hampton LLP

Dispute Resolution Considerations in Construction Contracts

During a recent webinar, “Dispute Resolution Considerations in Construction Contracts”, I was joined by my colleagues Chris Kolosov and Emily Anderson to discuss the dispute resolution alternatives available to parties...more

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