News & Analysis as of

Contractors Construction Industry Contract Disputes

Bradley Arant Boult Cummings LLP

Court Rejects Subcontractor’s Safety Excuse for Jumping Ship

A federal judge in Oklahoma last week ruled against an electrical subcontractor who quit work before finishing because it was allegedly unsafe to continue. The court found that the subcontractor was simply losing money, and...more

Mayer Brown

The Middle East Files

Mayer Brown on

In the second episode of Season 2 of our 'Across the Pond' podcast, Charles and Kwadwo are joined by colleague Gerard Moore, who leads the International Arbitration and Construction & Engineering practice in our Dubai office,...more

Davis Wright Tremaine LLP

Contractor Registration in Washington State: Why It's an Important Prerequisite To File Breach of Contract Lawsuits

In Dobson v. Archibald, the Washington Supreme Court addressed and confirmed statutory analyses concerning the required contractor registration in Washington. 1 Wash. 3d 102, 523 P.3d 1190 (2023). Contractors and potential...more

Bradley Arant Boult Cummings LLP

Manifest Disregard Discarded: Fifth Circuit Limits Grounds to Vacate Arbitration Awards

“Manifest disregard of the law” is no longer a valid basis to challenge arbitration awards, at least not in the federal courts of Texas, Mississippi and Louisiana. Rather, according to the Fifth Circuit’s decision in U.S....more

Ankura

Breaking Down the Walls: A Series on Construction Delay Claims (Part 4 of 6)

Ankura on

In the fast-paced world of construction, delays and disruption can pose significant challenges to project success. In this Breaking Down the Walls series, Gary Brummer, a partner at Margie Strub Construction Law LLP, and...more

Warner Norcross + Judd

Contractors Beware: Licensure Foot-faults Could Make Your Construction Contract Unenforceable

Warner Norcross + Judd on

Under the Michigan Occupational Code, residential building, maintenance and alteration contractors must be licensed to perform certain types of work. The Michigan Supreme Court held in Stokes v. Millen Roofing, 649 N.W.2d 371...more

Stoel Rives -  Ahead of Schedule

The Collective Cost Paid For Arbitration’s Numerous Benefits

Arbitration agreements have become commonplace in construction contracts. As a result, a significant portion of construction disputes are resolved privately through arbitration rather than in public courts. This article...more

Bradley Arant Boult Cummings LLP

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

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

Stark & Stark

Construction Liens - What is a Lien Fund?

Stark & Stark on

Although many contractors have never heard of the expression “lien fund” having an understanding as to what this phrase means is crucially important in the context of seeking payment pursuant to a construction lien. In...more

Porter Hedges LLP

Owners’ Rights Pursuing Claims Directly Against Subcontractors/Vendors

Porter Hedges LLP on

In construction disputes, owners typically deal with defects within the scope of work of the subcontractor or vendor by pursuing claims directly against the general contractor. The owner, however, may consider pursuing claims...more

Ward and Smith, P.A.

Risk Reduction Strategies for Construction Contractors in North Carolina

Ward and Smith, P.A. on

Today's construction environment demands a lot from contractors who are pulled in multiple directions and whose responsibilities may seem limitless. Beyond performing good work, managing and effectively communicating...more

Bradley Arant Boult Cummings LLP

Alabama Lien Law 101

You did not get paid for your labor and material, so you ask, what can I do? Alabama’s lien law provides you an opportunity to place a lien on the property for certain unpaid amounts for labor and materials. If you follow the...more

Kilpatrick

Third Circuit Affirms Kilpatrick’s Recovery of CASPA Penalties and Attorneys’ Fees Award in C.J. Hughes v. EQM

Kilpatrick on

Kilpatrick attorneys secured a significant decision for contractors and subcontractors performing work in Pennsylvania. The Third Circuit Court of Appeals affirmed District Court Judge William S. Stickman’s award of...more

Spilman Thomas & Battle, PLLC

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

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

Spilman Thomas & Battle, PLLC

Clarifying Mechanics’ Lien Law

A mechanics’ lien is a powerful remedy that provides a contractor with a priority lien on a property and a fast means of being made whole if payment is not rendered at the completion of a job. In order to successfully obtain...more

Stoel Rives -  Ahead of Schedule

Strategies for Getting Difficult Contracts to the Finish Line

When negotiating design and construction contracts for large projects, it is common for sophisticated parties to push to the end of their negotiations the half-dozen or so provisions that one side or the other has...more

Stoel Rives -  Ahead of Schedule

Don’t Let Disputed Change Orders Derail Your Construction Project

Change orders are a fact of life for construction projects. They can be challenging even when the owner and contractor agree on the scope, price, and schedule impacts associated with the change. Change orders are far more...more

Stoel Rives -  Ahead of Schedule

On Notice: Why Notice and Claim Procedures in Construction Contracts Matter

Most construction contracts include provisions detailing how and when a contractor must provide notice of claims, or events that may lead to future claims, for additional compensation and/or time. These contract provisions...more

Bradley Arant Boult Cummings LLP

Pay Attention to the Fine Print! Court Enforces Broad Release in Change Order to Deny $25M Claim

A Texas court has rejected a pipeline contractor’s $25 million claim for additional costs based on broad release language include in an executed change order (see Wood Group, USA v. Targa NGL Pipeline Company, LLC, No....more

Stoel Rives -  Ahead of Schedule

Preconstruction Services, Project Savings, and Great Expectations

A developer client recently expressed mixed emotions when reflecting on a new project that had been delivered on time and under budget. The investors were happy, and the client had just written a check to the prime contractor...more

Sands Anderson PC

Nobody’s Perfect(ed): The Complex Landscape of Mechanic’s Liens in Virginia

Sands Anderson PC on

Mechanic’s liens have long been a valuable tool for mechanics and materialmen in the Commonwealth to secure their rights to payment. Yet, despite mechanic’s liens having been in existence for well over a century, properly...more

Bradley Arant Boult Cummings LLP

Hell or High Water: Why Contractors Must Understand Contractual Risks

The Armed Services Board of Contract Appeals (“ASBCA”) recently denied a contractor’s claim for additional compensation as the contractor failed to establish its work was constructively suspended or that its contract was...more

PilieroMazza PLLC

5 Tips to Protect Construction Contracts During An Economic Downturn

PilieroMazza PLLC on

For two consecutive quarters, the U.S. economy experienced an economic decline—typical indicators of an impending recession. Despite what the numbers may indicate, it is still unclear what direction the U.S. economy may...more

Bennett Jones LLP

Alberta Prompt Payment And Construction Lien Act—Court Confirms 180 Day Deadline To Commence An Action

Bennett Jones LLP on

Benjamin Franklin once said, "lost time is never found again". A recent case from the Alberta Court of King's Bench confirms the truth of this statement for any lienholder seeking to initiate a Statement of Claim past their...more

Stoel Rives -  Ahead of Schedule

A New Year’s Resolution: More Consideration of Time Limits

In a purely cooperative world, construction contracts would be unnecessary. If the owner or contractor caused a problem, the party would admit fault and make amends. Unfortunately, we do not live in a purely cooperative...more

66 Results
 / 
View per page
Page: of 3

"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