Contract Disputes, Construction Project, Appeals

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Phelps Dunbar on 7/15/2025

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

Eighth Circuit Finds No Coverage Under “Ensuing Loss” Provision Under Arkansas Law

Carlton Fields on 4/21/2025

“Ensuing loss” provisions have long been the subject of nuanced arguments in insurance litigation. The provisions, which sometimes afford coverage for a “covered loss” stemming from an expressly excluded peril, serve as...more

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

Bradley Arant Boult Cummings LLP on 11/21/2024

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

CASPA Clash: Major Victory for Contractor in Pipeline Project Dispute as Third Circuit upholds CASPA Penalties and Fees

Spilman Thomas & Battle, PLLC on 6/13/2024

In a significant decision on April 17, 2024, the U.S. Court of Appeals for the Third Circuit upheld significant penalties and attorney fees awarded to C.J. Hughes Construction Company, Inc. under the Pennsylvania Contractor...more

Coming to Construction Claims - The Collateral Source Rule

Smith Anderson on 4/15/2021

In another significant opinion from the North Carolina appellate courts, the Court of Appeals recently expanded the application of the collateral source rule to negligence claims arising out of construction disputes in a case...more

Proceed at Your Own Risk: Government Entitled to Strict Compliance with Plans and Specifications

Bradley Arant Boult Cummings LLP on 12/3/2020

In Appeal of Watts Constructors, LLC, the Armed Services Board of Contract Appeals (the “Board”) held that a contractor was not excused from following contract plans and specifications despite the observation by government...more

Recent Tennessee Construction Cases Regarding Effects of Unlicensed Contracting and "Time is of the Essence" Clauses in Contracts

Bass, Berry & Sims PLC on 9/21/2020

While neither of the recent cases discussed below establishes new law, they serve as good reminders of principles and requirements that can be important to participants in construction projects in Tennessee. The first case,...more

EAJA Provides Relief to Construction Contractor for Government’s Bad Actions

Stinson - Government Contracting Matters on 2/6/2020

In Vet4U, LLC v. Department of Veterans Affairs, the Civilian Board of Contract Appeals awarded costs and attorney fees to the small business contractor that won its appeal pursuant to the Equal Access to Justice Act (EAJA),...more

Single Contractor Not Precluded from Providing Both Design and Construction Services

Best Best & Krieger LLP on 12/4/2019

Case Provides Valuable Guidance for Public Agencies Wanting One Contractor for Two Phases - A contractor that had two separate contracts with a school district — one for preconstruction services and the other for...more

Design-Build Contractor Held to the Same Standard On Differing Site Conditions Clause

Buchalter on 11/20/2019

A court recently held that the type of contract delivery method did not change the applicability of the differing site conditions clause. Appeal of John C. Grimberg Co., Inc., ASBCA No. 58791 (Oct. 25, 2018) involved the...more

Illinois Appellate Court Requires School Board to Pay for Services Rendered Under an Invalid Construction Contract

Franczek P.C. on 11/5/2019

A recent Illinois Appellate Court case appears to have closed a loophole through which some school districts and other public entities have avoided liability for work performed by construction companies under invalid...more

New York Court Of Appeals Holds That Direct Consent By Landlord Is Not Necessary For Contractor To Enforce A Lien Against The...

Troutman Pepper Locke on 1/17/2019

Ferrara v. Peaches Café LLC, 2018 NY Lexis 3244 (November 20, 2018) - COR Ridge Road Company, LLC (“COR”), as landlord, entered into a 10 year lease with Peaches Café, LLC (“Peaches”). ...more

Endorsement Read to Require Privity of Contract between Policyholder and Additional Insured to Extend Coverage - Construction and...

Bradley Arant Boult Cummings LLP on 11/1/2018

A recent New York case highlights the importance of thoroughly analyzing all contract language in minimizing project risk. In Gilbane Bldg. Co./TDX Construction Corp. v. St. Paul Fire & Mar. Ins. Co., the Court of Appeals of...more

Eighth Circuit Upholds Confirmation of Arbitration Award Directing Payment of Attorney’s Fees and Expenses Unrestricted by...

Carlton Fields on 9/13/2018

In a case concerning a contract for the construction of a pipe conveyor system, ProEnergy Services, LLC, and its surety Western Surety Company (collectively, “ProEnergy”), appealed a judgment confirming an arbitration award...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

Texas Court of Appeals Holds That Owner’s Change to Contractor’s Means and Methods Resulted in a “Breach,” Instead of a “Change”...

Troutman Pepper Locke on 2/16/2017

Port of Houston Auth. of Harris Cnty. v. Zachry Constr. Corp., 2016 Tex. App. LEXIS 13306 (Tex. App. Houston 14th Dist. Dec. 15, 2016) - This contract dispute dates back to 2004, when the Port of Houston Authority...more

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