News & Analysis as of

Contract Disputes Breach of Contract Risk Management

Segal McCambridge

Key Business Litigation & Transaction Trends Every Executive Must Know in 2025

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As we continue to navigate 2025, business leaders face an increasingly complex legal landscape shaped by technological advancements, evolving regulations, and dynamic market conditions. Understanding these emerging trends is...more

Dickinson Wright

Start the Clock—The Case for Including Contractual Limitations Periods in Employment Agreements.

Dickinson Wright on

Contractual limitations periods provide parties on both sides of an agreement certainty regarding the filing of a potential action. But many employers do not know that they may include such contractual limitations periods in...more

Poyner Spruill LLP

Enemy of a Lender: Ambiguity in Loan Documents

Poyner Spruill LLP on

Loan document terms are ambiguous when they are reasonably capable of being interpreted in more than one manner. Contract law often provides that an ambiguous term in a loan document is interpreted against the drafting party....more

Adams & Reese

Protecting Your Mission: A Veteran Business Owner’s Guide to Contracts

Adams & Reese on

Contracts are the bedrock of any successful relationship between business owners and their clients, vendors, and/or partners. They are legally binding agreements that clarify expectations, define responsibilities, and provide...more

Ankura

The Role of AI in Mediating Software Licensing Disputes

Ankura on

In the rapidly advancing digital era, software licensing disputes have become a frequent challenge for businesses worldwide. These disputes arise as companies grapple with complex software agreements and stringent compliance...more

DarrowEverett LLP

The Business Value of Engaging a Litigator Before You Are In Court

DarrowEverett LLP on

The point when what began as a negotiation, or even a conversation, ripens into a full-blown lawsuit is rarely clear. Yet it is certainly clear that the courtroom is not where any of the parties to a once-promising business...more

K&L Gates LLP

Tariffs & Supply Chains: An English Law Perspective on Contractual Levers You May Have (or Want)

K&L Gates LLP on

These are challenging times for supply chains. In recent months, the US government has announced, reversed, delayed, adjusted, and enacted a series of tariffs on imports to the United States from a long list of countries;...more

J.S. Held

Lessons Learned from the Recent Ruling on Contractor Responsibilities in Delay and Inefficiency Claims

J.S. Held on

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

Offit Kurman

How Long Is Too Long? What Statutes of Repose Mean for Your Liability Exposure

Offit Kurman on

How long are you on the hook for defects in a completed construction project? It’s a question that keeps many contractors and design professionals up at night—and for good reason. No project is flawless, and the duration of...more

Shipman & Goodwin LLP

A Borrower Defaulted: Now What? Your Critical First Steps

Shipman & Goodwin LLP on

When a borrower defaults under a loan agreement, you face a dual challenge: time pressure demands swift action, while legal complexities require precision. Whether confronting missed payments, breached financial covenants, or...more

PilieroMazza PLLC

Top 10 Killer Construction Contract Clauses, Part 1: No Damages for Delay

PilieroMazza PLLC on

Those familiar with the construction industry know that construction projects are seldom, if ever, completed within the time originally anticipated at the project’s outset. Fortunately, prime contractors and lower-tier...more

Farrell Fritz, P.C.

Impact of Recent U.S. Tariffs on Material Adverse Change and Force Majeure Clauses

Farrell Fritz, P.C. on

The recent imposition of tariffs by the U.S. government has introduced significant complexities in contractual performance and risk allocation. It is important to assess how these tariffs may influence material adverse change...more

BCLP

Shifting Contractual Risks and Managing Electronic Contracts

BCLP on

In this Insight, Shy Jackson takes a look at the decision of John Sisk and Son Limited v Capital & Centric (Rose) Limited [2025] EWHC 594 (TCC) where the court had to grapple with interpreting a contract which was kept on a...more

Jenner & Block

Client Alert: Evaluating the Impact of Tariffs on Customer and Supplier Relationships

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As tariffs are imposed and additional tariffs are threatened, companies concerned about the impacts of tariffs on agreements with customers and suppliers should review their contracts and the parameters of the tariff to...more

McGinnis Lochridge

Winter Storm Uri and Force Majeure: The Legal Battles Continue

McGinnis Lochridge on

Winter Storm Uri sent shockwaves through Texas, freezing gas supplies at a time of critical need and plunging the state into widespread power outages. In the aftermath, the courts have been flooded with force majeure claims,...more

Offit Kurman

Suing Someone? Five Crucial Factors to Consider Before Proceeding

Offit Kurman on

So, you think you can sue. Maybe you had a contract, and the other side breached it. Or maybe someone owes you money, and you’re ready to go after them. Not so fast. Starting a lawsuit is a big step, and there are many...more

McCarter & English Blog: Government Contracts...

A Contractor’s Guide to Successfully Navigating Non-Payment, Suspensions/Stop-Work Orders, Terminations for Convenience,...

Well, it is certainly an interesting time to be a federal government contractor. In the last few weeks, we have seen Executive Orders (EOs) flying fast and furious, and a lot of other activity impacting federal government...more

Miles Mediation & Arbitration

The Mediator as a Bridge

Years ago, the court appointed a wise and productive mediator who had been a country lawyer, a prosecutor, and a judge to a case of mine. I was an attorney, and my client was a seasoned and successful old farmer, who had sold...more

Mayer Brown

Legal Developments in Construction Law: February 2025

Mayer Brown on

1. COURT UNTANGLES CONSTRUCTION ACT PAYMENT NOTICE PUZZLES - A subcontract dispute required the court to rule on the validity of a payment notice, and a payless notice, under a JCT 2016 design and build subcontract, with...more

A&O Shearman

Disputes 101 – How to get out of a contract or obligation

A&O Shearman on

Back to basics – Do you even have a contract? Generally, a contract will be formed when parties come to an agreement through offer/acceptance. This doesn’t typically create problems where there is a written agreement between...more

Gray Reed

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

Gray Reed on

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

Bradley Arant Boult Cummings LLP

What to Do if Your Federal Contract was Wrongfully Terminated by the Government

Government contracts often include a termination for convenience clause, generally allowing federal agencies to cancel agreements when it serves the government’s interest. While this power is fairly broad, it is not absolute...more

Holland & Knight LLP

What to Do in the Event of Federal Procurement Disruptions

Holland & Knight LLP on

The Trump Administration is in the midst of reviewing prior administrations' spending priorities and federal government contracts and has begun announcing a variety of actions to suspend and/or terminate pending and awarded...more

A&O Shearman

Disputes 101- Contractual interpretation: through the looking-glass

A&O Shearman on

If you draft contracts, you want to ensure, if there's ever a dispute, that the court agrees with your meaning. As a litigator, you will want the words to mean whatever your client wants them to mean. Either way, you need to...more

Gray Reed

Definitions Mattered in Oil Field Master Services Agreements

Gray Reed on

MDC Enegy LLC v. Crosby Energy Services Inc. et al. was an indemnity dispute in which the players were many and the facts complicated. But first...more

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