News & Analysis as of August 28, 2025

Contract Disputes

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

Clark Hill PLC on 8/12/2025

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

Colorado Court of Appeals Permits COVID-19 Coverage Suit to Proceed Based on Health Care Endorsement Coverage

Wiley Rein LLP on 6/26/2025

The Colorado Court of Appeals (Division VI), applying Colorado law, partially affirmed a trial court decision dismissing an action seeking insurance coverage for COVID‑19 related losses. Spectrum Retirement Communities, LLC...more

PPP Loan Credits and Government Contracts: What Contractors Need to Know During Incurred Cost Reviews

Bradley Arant Boult Cummings LLP on 6/12/2025

As federal contractors continue to navigate the post-pandemic compliance landscape, a recurring issue has emerged in government audits and incurred cost reviews: whether and how contractors must credit the government for...more

Tariffs and force majeure

A&O Shearman on 4/8/2025

We are starting to hear reports of businesses declaring the Trump Administration's Executive Order on tariffs to be a force majeure event under their contracts. Most of us now have rather more experience than we'd like to of...more

Australian Unfair Contract Terms Regime Renders Foreign Class Action Waiver Clauses Void

Jones Day on 1/2/2024

In Short - The Situation: In 2020, a cruise ship in Australian waters, the Ruby Princess, experienced a COVID‑19 outbreak that resulted in an Australian class action. Part of the class were passengers subject to...more

Complex Commercial Litigation Law Review - Fifth Edition - England & Wales

Latham & Watkins LLP on 12/19/2022

The courts of England are some of the most established fora for dealing with complex commercial litigation. The Civil Procedure Rules (CPR) that apply to English civil litigation, which govern every aspect of cases from...more

4 Key Takeaways | The Future of Construction, Infrastructure and Energy Disputes in the Endemic Age

Kilpatrick on 9/16/2022

Kilpatrick Townsend partner Thomas Allen recently presented "The Future of Construction, Infrastructure and Energy Disputes in the Endemic Age" for the Inter-Pacific Association's Arbitration Day at Maxwell Chambers in...more

4 Key Takeaways - The Future of Construction, Infrastructure and Energy Disputes in the Endemic Age

Kilpatrick on 9/16/2022

On August 31, 2022, Kilpatrick Townsend partner Thomas G. Allen spoke at the Inter-Pacific Bar Association’s Arbitration Day at Maxwell Chambers in Singapore. Mr. Allen, who leads the firm’s international disputes practice,...more

Mission (Im)possible: Recent Cases Hold that Pandemic-Related Disruptions Do Not Relieve Contractual Performance

Epstein Becker & Green on 7/21/2022

Due to the large-scale shutdowns triggered by the Coronavirus pandemic (“COVID-19”), many businesses were unable to operate fully, or not at all. Litigants across the country have sought to be relieved of their obligations...more

Tongue Twister: Commander Closes Construction Site for COVID and Contractor Can’t Recover Contract Costs

Buchalter on 6/22/2022

Last month, the Armed Services Board of Contract Appeals held that a public contractor could not recover $100k in construction costs incurred following the government’s decision to close down a base in Tennessee due to...more

Knock on effects of COVID: force majeure and other contract sports

A&O Shearman on 2/18/2022

Another judgment on force majeure and COVID-19. Here a rugby broadcaster was entitled to terminate for cancelled matches even though it had also been affected by the pandemic....more

Complex Commercial Litigation Law Review, 4th Edition - England & Wales

Latham & Watkins LLP on 1/5/2022

Litigation is, on one analysis, all about telling stories to impartial decision makers. Complex commercial litigation means that those stories are more detailed, more involved and more intricate. That means that telling the...more

Managing construction risks in Asia-Pacific: Australia

White & Case LLP on 11/18/2021

Australia is a highly advanced mixed economy, but investors – often drawn to the country's economic stability and resilience – should be aware of certain clauses that typically appear in construction contracts. Australia...more

[Ongoing Program] Strategies for Dealing with Claims – Project Schedule - October 28th, 12:00 pm - 1:00 pm EST

Bricker Graydon LLP on 9/21/2021

19th Annual Top Gun Premier Midwest Construction Claims Webinar Series - Bricker & Eckler's construction attorneys are proud to present "Top Gun," our premier Midwest construction claims webinar series. This free event...more

Key trends in contractual negotiations

BCLP on 9/8/2021

The pandemic has put many contractual relationships under immense pressure. We explored in our last Business as (un)usual article some of the problems which contracting parties may have inadvertently created for themselves...more

Revisiting Price Escalation Clauses in a Time of Skyrocketing Material Costs

Robinson+Cole Construction Law Zone on 4/26/2021

Anyone monitoring construction industry trends is aware that the prices of raw construction materials, particularly steel and lumber, have been rapidly increasing since early 2020. Earlier this year, Associated Builders and...more

Troutman Pepper COVID-19 Legal Issues Podcast Series: COVID-19 Commercial Leasing Trends (Part Two)

Troutman Pepper Locke on 3/15/2021

Please join Troutman Pepper for the second installment of its COVID-19 Commercial Leasing Trends Podcast series on legal and business issues confronted by companies in light of the COVID-19 pandemic. Moderated by Troutman...more

Force Majeure And The Coronavirus Pandemic A Case Law Update

Jaburg Wilk on 2/12/2021

I have previously written about the impact of the coronavirus (COVID-19) pandemic on force majeure provisions in a commercial contract. A force majeure clause may excuse a party from performing its contract because of an...more

Southern District of New York Holds COVID-19 Pandemic Constitutes a Natural Disaster

Holland & Knight LLP on 2/9/2021

"It cannot be seriously disputed that the COVID-19 pandemic is a natural disaster." This seemingly straightforward conclusion has only been reached in a small number of reported court decisions since the start of the...more

COVID-19 and Immunity from Liability

Proskauer - Minding Your Business on 1/28/2021

Millions of people across the country are waiting to get the COVID-19 vaccine. For businesses, immunity is sought not against the virus but against liability, and, in some cases, businesses have been successful in invoking...more

Complex Commercial Litigation Law Review, 3rd Edition - England and Wales

Latham & Watkins LLP on 1/27/2021

The courts of England are some of the most established for dealing with complex commercial litigation. The Civil Procedure Rules (CPR) that apply to civil litigation are robust and provide a clear framework for the...more

DIFC-LCIA Arbitration Centre Introduces New Arbitration Rules

White & Case LLP on 1/25/2021

The DIFC is fast becoming one of the leading hubs for international arbitration in the Middle East. The launch of the DIFC-LCIA in 2008 served as a testament to the UAE's commitment to providing access to arbitral...more

NY Federal Judge Rules COVID-19 Pandemic Constitutes ‘Natural Disaster’ in Excusing Contract Performance

Morgan Lewis on 12/23/2020

The coronavirus (COVID-19) pandemic constituted a “natural disaster” under a contract’s force majeure provision, Judge Denise Cote of the US District Court for the Southern District of New York recently ruled in JN...more

Chancery Opinion Provides First Delaware Court Guidance on COVID-19’s Impact on MAE Provisions and Ordinary Court Course Covenants

Dorsey & Whitney LLP on 12/15/2020

On November 30, 2020, Vice Chancellor Laster of Delaware’s Court of Chancery issued the first case where the pandemic provided a company with the ability to walk away from its contractual obligations in a sale transaction,...more

Legal agility and risk resilience: How to enhance your organisation’s readiness to withstand the next crisis

A&O Shearman on 11/5/2020

What can in-house legal, risk and compliance leaders learn from the Covid-19 pandemic and other notable crises of the past 20 years to strengthen the legal resilience of their organisations? More than any other crisis in...more

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