Contract Disputes, Failure To Pay, Construction Litigation

Oral Contract and Invalid Lien Spell Trouble for Contractor

Frantz Ward LLP on 2/5/2025

Speedy Maintenance, LLC v. Windsor Tower, LLC, 2024-Ohio-5841 (2d Dist.) is a recent case concerning a dispute over repairs to a parking garage where Ohio’s Second District Court of Appeals confronted issues....more

Michigan Federal Court Permits Subcontractor’s Quasi-Contractual Claims to Proceed Despite Existence of Express Contract Covering...

Troutman Pepper Locke on 6/23/2020

P.A.L. Environmental Safety Corp. v. North American Dismantling Corp. Et Al., No. 19-11630, 2020 BL 198779 (E.D. Mich. May 28, 2020) - A Michigan federal court partially granted Consumers Energy Company’s (“CEC”) motion to...more

Lump Sum or Cost-Plus Contract: You Can’t Have It Both Ways

Buchalter on 3/3/2020

It goes without saying that in the world of construction contracts … words matter! There is language in the Goes decision that a cost-plus contract imposes upon the contractor an implied duty to incur reasonable and proper...more

New York Supreme Court Granted Summary Judgment for Subcontractor Where Contractor Attempted to Utilize Contractual...

Troutman Pepper Locke on 5/17/2019

A.E. Rosen Elec. Co. v. Plank, LLC, No. 07862-7, 2019 BL 113951 (Sup. Ct. Mar. 01, 2019) - On March 1, 2019, the Supreme Court of New York, Albany County, granted a subcontractor’s motion for summary judgment on a payment...more

Federal Court Enjoins Owner From Withholding Payment Of Disputed Invoices Based On Contract Provision Requiring Parties To...

Troutman Pepper Locke on 12/13/2018

Coalview Centralia, LLC v. Transalta Centralia Mining LLC, 2018 U.S. Dist. LEXIS 185914 (W.D. Wash. Oct. 30, 2018) - This case involves a dispute over Coalview Centralia, LLC’s (“Coalview”) performance of environmental...more

Establishing Personal Liability Without a Guaranty

Gray Reed on 7/12/2018

When non-payment occurs, suppliers and service providers often first seek relief by suing for breach of contract. Unfortunately, many companies are undercapitalized or otherwise “judgment proof.” A personal guaranty might...more