Damages, Construction Contracts, General Contractors

You Can Pay Me Now, or…

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

Court Affirms $1 Nominal Damage Award in Wind Farm Construction Dispute

Bradley Arant Boult Cummings LLP on 5/23/2025

Court Affirms $1 Nominal Damage Award in Wind Farm Construction Dispute The general contractor on the 60-turbine wind farm project in Good Hope, Illinois, is entitled to collect a whopping $1 on its cost-to-complete claim...more

Lessons Learned from the Recent Ruling on Contractor Responsibilities in Delay and Inefficiency Claims

J.S. Held on 5/23/2025

The recent ruling in Berkley Insurance Company v. Suffolk Construction Company, issued by the United States District Court for the Southern District of Florida, has highlighted several significant lessons for subcontractors,...more

Proportional Fault Indemnification Provisions Held Enforceable in Alabama

Bradley Arant Boult Cummings LLP on 5/6/2025

The Alabama Supreme Court found that an indemnification provision was enforceable that required a subcontractor to indemnify a general contractor on a proportional-fault basis against liability for death or personal injury. ...more

From Confusion to Clarity: A Guide to Handling Concurrent Delays in Construction Projects

Davis Wright Tremaine LLP on 1/16/2025

Over the years, general contractors and commercial developers have debated their rights during a concurrent delay. When a concurrent delay happens, the question arises: should the general contractor receive a) an extension of...more

Weathering the Storm—Part 1: Understanding Liquidated and Consequential Damages in Construction Contracts

Gray Reed on 12/13/2024

When project delays occur due to natural disasters, the financial implications can be severe. Construction stakeholders often focus on immediate physical damages while overlooking the potentially devastating impact of...more

The Risk of Fighting on Two Fronts: Court Admits Evidence of General Contractor’s Claims Against Other Parties

Bradley Arant Boult Cummings LLP on 2/1/2024

The court in AECOM v. Flatiron is back at it issuing additional evidentiary rulings as the parties head to trial later this month. These latest rulings highlight the risk of seeking the same damages from multiple parties,...more

Court Rejects Contractor’s Claim That COVID-19 Rendered Performance Impossible

Bradley Arant Boult Cummings LLP on 10/6/2023

A fundamental premise of contract law is that promises must be kept. If legally enforceable promises or “contracts” are not kept, courts may step in to enforce them by ordering performance, awarding damages, or granting some...more

Liquidated Damages Disproportionate to Actual Damages Deemed Unenforceable

Bradley Arant Boult Cummings LLP on 9/11/2023

Construction contacts often include provisions that provide for pre-determined or “liquidated” damages in the event of a breach. Such provisions can provide certainty to the parties as to the consequences of a breach and can...more

Construction Defect Damages May Exceed Cost To Repair

Ervin Cohen & Jessup LLP on 10/13/2021

Construction defect cases often involve damage claims beyond simply the cost to repair the allegedly defective unit or component. These consequential damages may include damages for loss of use, expenses for mitigation and...more