News & Analysis as of

Contract Interpretation Contract Disputes

Cadwalader, Wickersham & Taft LLP

Delaware Court of Chancery Upholds Removal of Designated Director Following Amendment to Stockholders Agreement

On August 8, 2025 in Kim, et al. v. FemtoMetrix, Inc., the Delaware Court of Chancery permitted the amendment of a stockholders agreement without the consent of an adversely impacted investor, even though both the intent and...more

Mayer Brown

Contractual Clarity is Paramount in Offshore Construction Projects (Pharos v. KML)

Mayer Brown on

The High Court (TCC) recently handed down a notable decision in Pharos Offshore Group Ltd v Keynvor Morlift Ltd [2025] EWHC 1764 (TCC), emphasising the importance of contractual clarity in offshore construction projects. This...more

Cooley LLP

Warranty Claims: Notification and Service Requirements Under the Microscope (Again)

Cooley LLP on

The English Court of Appeal has handed down an important judgment in Farley v. Paymaster (Equiniti) on when compensation may be claimed for nonmaterial damage (such as distress or anxiety) arising out of breaches of the...more

Blake, Cassels & Graydon LLP

Cinq victoires récentes pour les employeurs : le vent tournerait-il en leur faveur?

Contrairement à la tendance axée sur les employés qui se dégage de la jurisprudence pour ce qui est de l’interprétation des contrats d’emploi et des ententes de rémunération, les tribunaux canadiens ont récemment rendu un...more

Kennedys

Delaware Supreme Court delivers split decision to insurers in 3M coverage row

Kennedys on

The Delaware Supreme Court’s 3-2 Aearo Technologies LLC Insurance Appeals decision on August 12, 2025 affirmed a lower court ruling that payment of defense costs by a non-insured did not count toward the insured’s...more

Lasher Holzapfel Sperry & Ebberson PLLC

LEGALESE: Understanding Conditions Precedent in Seattle Commercial Contracts | Washington Business Law

Conditions precedent are critical provisions in commercial contracts that require specific events or actions to occur before contractual obligations become enforceable. These conditions serve as legal triggers, ensuring that...more

Bracewell LLP

Shell v Venture Global: Commissioning a Dispute

Bracewell LLP on

It has recently been announced that an arbitral tribunal has found in favour of Venture Global, Inc. in its dispute against Shell concerning whether the ’start date’ of a long-term liquefied natural gas (LNG) sale and...more

Otten Johnson Robinson Neff + Ragonetti PC

Court of Appeals: Contractual Attorney Fees Provision Awards “Fees on Fees”

Colorado, like most states, follows the “American Rule,” which requires parties to a lawsuit to pay their own legal expenses. There is a significant exception though, if the parties agree, in a contract clause known as a...more

Maynard Nexsen

Alabama Supreme Court Appellate Alert: Decisions from August 22, 2025

Maynard Nexsen on

The Alabama Supreme Court issued its weekly release list on Friday, August 22, which included two opinions of interest to the Alabama business community...more

ArentFox Schiff

Federal Court Finds Provider/Payer Medicare Advantage Agreements Do Not Implicate Federal Question Jurisdiction

ArentFox Schiff on

A North Carolina federal court’s recent order granting remand in the case Nash Hospitals, Inc. v. UnitedHealthcare of North Carolina, Inc., et al., No. 5:25-CV-28-FL underscores the limits of federal question jurisdiction in...more

Goodwin

Delaware Court of Chancery Upholds Voting Agreement Amendment That Applied “In the Same Fashion” to All Stockholders

Goodwin on

On August 8, 2025, the Delaware Court of Chancery dismissed an action in which a stockholder challenged an amendment to a FemtoMetrix Inc. voting agreement as invalid because the amendment allegedly did not apply “in the same...more

Herbert Smith Freehills Kramer

Time’s Up: NSW Court of Appeal Reminder About the Importance of Understanding and Hitting Security of Payment Deadlines

The NSW Court of Appeal in Roberts Co (NSW) Pty Ltd v Sharvain Facades Pty Ltd (Administrators Appointed) [2025] NSWCA 161 has confirmed that, under the Building and Construction Industry Security of Payment Act 1999 (NSW)...more

Robinson Bradshaw

South Carolina Supreme Court Undermines Contractual Protections of the Economic Loss Rule

Robinson Bradshaw on

Businesses — especially service providers like contractors, subcontractors, consultants and design professionals — rely on their contracts to define their risks in the marketplace. For decades, a legal doctrine known as “the...more

BCLP

Getting the Settlement Agreement Right

BCLP on

In this Insight, first published in PLC, Shy Jackson considers how settlement agreements, while intended to resolve disputes, can sometimes become the source of further conflict over their interpretation and performance. ...more

Gray Reed

Oral Promises, Paper Truths in a Texas Mineral Transaction

Gray Reed on

The Texas Supreme Court in Roxo Energy Company, LLC v. Baxsto, LLC reinforced a fundamental contract principle: when fully integrated agreements plainly conflict with prior oral representations, reliance on those inconsistent...more

Clark Hill PLC

Colorado court rules “Fees on Fees” recoverable in contractual disputes, breaking new ground on attorney fee awards

Clark Hill PLC on

On Aug. 6, the Colorado Court of Appeals recently addressed a question that had never been definitively answered in the state: whether a prevailing party can recover attorney fees incurred to enforce a contractual...more

Bradley Arant Boult Cummings LLP

Maryland’s Highest Court Corrects Insurer’s Overreach on Insurance Policy’s Assignment Clause

Insurance policies often incorporate assignment clauses, which require policyholders to obtain their insurers’ written consent before assigning their insurance policies to others. For example, the ISO Common Policy Conditions...more

Kohrman Jackson & Krantz LLP

Ohio Court Upholds Landlord’s Right to Accelerated Rent Without Mitigation in Commercial Lease

In another significant win for commercial landlords, an Ohio Court of Appeals recently affirmed the enforceability of a lease provision allowing a landlord to recover accelerated rent without any duty to mitigate damages. In...more

Bradley Arant Boult Cummings LLP

Consequential vs. Direct Damages

Many construction contracts include a provision that prohibits the parties from recovering “consequential” damages in the event of a breach. Sometimes parties will negotiate and agree to a waiver of consequential damages that...more

Miller Canfield

Michigan Supreme Court - Contractually Shortened Period of Limitations in Employment Agreements May Need Another Look

Miller Canfield on

On July 31, 2025, in Tamika Rayford v American House Roseville, LLC d/b/a American House East I and American House, the Michigan Supreme Court held that boilerplate employment agreements that shorten the limitations period to...more

Houston Harbaugh, P.C.

Colored Horses, Toxic Brews and Lithium Too?

Does the Texas Supreme Court’s Decision in Cactus Water Services v. COG Operating Provide Guidance About Lithium and Rare Earth Minerals Ownership in Pennsylvania? Lithium demand is expected to continue to increase as...more

Phelps Dunbar

Who, Me?

Phelps Dunbar on

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

Jackson Walker

Texas Supreme Court Clarifies Default Ownership of Produced Water in Oil & Gas Leases – Key Questions Remain

Jackson Walker on

On June 27, 2025, the Texas Supreme Court issued a pivotal decision in Cactus Water Services, LLC v. COG Operating, LLC, holding that under the language of the granting clause found in the standard oil and gas lease, produced...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

Montgomery McCracken

Update to the Inter-Club Agreement

Montgomery McCracken on

The International Group of P&I Clubs (IG) has announced an amendment to the Inter-Club New York Produce Exchange Agreement 2011 (ICA). The ICA 2025 amendment will take effect on July 14, 2025 and represents only the fourth...more

181 Results
 / 
View per page
Page: of 8

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide