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Bar Exam Toolbox Podcast Episode 298: Spotlight on Contracts (Part 2)
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Law School Toolbox Podcast Episode 487: Listen and Learn -- Consideration (Contract Law)
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Bar Exam Toolbox Podcast Episode 257: Listen and Learn -- Consideration (Contract Law)
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Navigating Power Allocation and Customer Choice in a Regulated Landscape - Energy Law Insights
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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
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
A surety asserting an indemnity claim in federal court in Georgia sought recovery against indemnitors involved with a joint venture put together to bid on construction projects requiring surety bonds....more
In Matière v ABM, the court found that there was an express obligation of good faith in a number of contracts concerning a joint venture for a subcontracting role in the construction of the HS2 railway. However, it concluded...more
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
Federal construction contracts often involve unforeseen delays. The key question is who is responsible for the resulting costs. A new decision from the ASBCA provides a blueprint for how contractors can maximize recovery...more
On Monday, June 9, 2025, the Eighth Circuit Court of Appeals ruled that a Missouri real estate developer could not recover insurance proceeds for lost rental income arising out of a retaining wall failure that caused delays...more
The Oklahoma Supreme Court has rejected a contractor’s performance bond claim due to the lack of adequate notice to the subcontractor’s surety (see Flintco LLC v. Total Installation Management Specialists, Inc., No. 120,100...more
Les grands projets d’infrastructure publique font généralement intervenir plusieurs parties prenantes et nécessitent un ensemble complexe de contrats et de sous-contrats. Une approche réfléchie de la négociation et de la...more
Welcome to The Bottom Line: Cost and Pricing Updates, a new series covering what contractors should know about recent cost and pricing disputes—without the long read!...more
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
A federal district court, applying New York law, has held that a “voluntary payments provision” precluded coverage for an insured’s post-tender costs to remediate its engineering errors because the insured admitted and...more
Historically, the Boards of Contract Appeals and Courts have reviewed design-builders’ reliance on government-provided conceptual drawings or bridging documents in support of constructive change claims under a reasonableness...more
Roberta Downey, a seasoned disputes lawyer, shares how rapid innovation is transforming the construction industry, reshaping contracts, and presenting new challenges for legal teams worldwide. In your recent piece for The...more
For construction lawyers, the Battle of the Forms presents a familiar fact pattern. A material supplier/seller provides a potential buyer with a price quote along with its standard terms. The buyer, usually a contractor or...more
“We’re at a moment where the drive for innovation is clashing with the realities of risk.” – Roberta Downey In this video, London partner Roberta Downey examines how rapid technological change — from offshore wind to soaring...more
In the recent case of DKT v. DKU [2025] SGCA 23, the Singapore Court of Appeal has, noting its observation of an “increasing tendency for disgruntled award debtors to abuse this ground of challenge on wholly unmeritorious...more
“Tariffs are only part of the uncertainty in the market right now. Many clients, even those with entitled projects, have told me over the past several months that they were pausing on new construction due to interest rate...more
In Trustees of Boston University v. Clough, Harbour & Associates LLP, 495 Mass. 682, the Supreme Court of Massachusetts held that the tort statute of repose for improvements to real property did not bar a contract claim where...more
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
2025 brought with it many new tariffs, and those tariffs seem to be changing on a near-daily basis. Given this, many in the real estate industry are understandably apprehensive about beginning new projects. Many more are...more
1. ABSENCE OF NOVATION SINKS ADJUDICATION AWARD AGAINST ASSIGNEE - A contractor obtained an adjudication award against an assignee of its employer, which had gone into administration. But was that assignee the correct...more
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
In a decision with significant consequences concerning the amount of time after construction during which design professionals and contractors may be liable for defective services or work, the Massachusetts Supreme Judicial...more
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