Contract Disputes, Construction Industry, Motion to Dismiss

Exhaustion of Remedies: Owner Defeats Subcontractor’s Unjust Enrichment Claim

Bradley Arant Boult Cummings LLP on 8/29/2025

A federal judge in Oregon has tossed a subcontractor’s unjust enrichment or “quantum meruit” claim against the owner because the subcontractor did not first exhaust its contractual remedies against the contractor. Exhaustion...more

Maintenance Obligations on a 30-Year-Old Project Let an Owner Sidestep Tennessee’s Statute of Repose

Bradley Arant Boult Cummings LLP on 5/19/2025

In Tri-State Insur. Co. of Minn. a/s/o Campus Chalet, Inc. v. East Tennessee Sprinkler Company, Inc., the Court of Appeals of Tennessee recently addressed whether the state’s four-year statute of repose could shield a...more

No Double-Dipping Allowed: A Takeaway from the CBCA's Decision in BES Design/Build, LLC

Davis Wright Tremaine LLP on 4/10/2024

A decision by the U.S. Civilian Board of Contract Appeals (the "Board" or "CBCA") in BES Design/Build, LLC v. General Services Administration, CBCA 7587 (April 6, 2023), further defines what it means to submit a "timely"...more

A Dangerous Myth: That a Great Subcontract Will Prevent Claims on a Poorly-Executed Project - Construction and Procurement Law...

Bradley Arant Boult Cummings LLP on 11/2/2018

Well-drafted, legally-enforceable agreements are key to any construction company’s risk management strategy. This is especially true for subcontracts, which serve as a contractor’s critical tool to coordinate a successful...more

Use Of The Word “In” Indicates Geography; Use Of The Word “Of” Indicates Sovereignty: Federal District Court In Maryland Holds...

Troutman Pepper Locke on 1/4/2018

Pritchett Controls, Inc. v. Hartford Accident & Indemnity Co., 2017 U.S. Dist. LEXIS 192182, 2017 WL 5591872 (D. Md. Nov. 21, 2017) - James W. Ancel, Inc. (“JWA”) was the prime contractor on a project for the Maryland...more

Appellate Court Holds That The New Mexico Unfair Practices Act Applies To A “Services” Contract For The Construction Of A Home,...

Troutman Pepper Locke on 10/5/2017

Fogelson v. Bozzone, 2017 N.M. App. LEXIS 58 (July 26, 2017) - In May of 2008, Wallen Development, LLC (“Wallen”) entered into a written agreement to construct and sell a new home to David and Corinne Fogelson...more