Damages, Construction Disputes, Construction Project

Who, Me?

Phelps Dunbar on 7/17/2025

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

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

Industrial Insights: Time Extensions

Gray Reed on 4/8/2025

Well, Q1 of 2025 ended with a bang and continued the expansion of transactional work for the Gray Reed Construction Team. The announcement of tariffs and feared disruptions in the supply chain certainly created a point of...more

Put Up or Shut Up: Court Grants Summary Judgment for Steel Sub in Price Escalation Clause Dispute

Bradley Arant Boult Cummings LLP on 12/9/2024

An Illinois federal court ruled in favor of steel subcontractor Nucor in its contract dispute with Direct Steel. The project involved the construction of pre-engineering metal buildings for the Army Corps of Engineers. The...more

Preventing and Resolving Construction Disputes: Types of Damages in Construction Contracts

Mandelbaum Barrett PC on 12/2/2024

Construction projects are complex and, when issues arise, it’s crucial to understand the different types of damages and how they are calculated. Whether you’re an owner or contractor, knowing the types of damages you may...more

Substantial Performance v. Material Breach

Bradley Arant Boult Cummings LLP on 10/31/2024

All breaches are not created equal. A minor, technical breach may be deemed “immaterial.” Other breaches – so-called “material” breaches — deprive the non-breaching party of something important or essential to the purpose of...more

Proposed State Legislation Would Nearly Double the Statute of Repose under the Colorado Construction Defect Action Reform Act and...

Otten Johnson Robinson Neff + Ragonetti PC on 4/10/2024

While Colorado struggles with an ongoing housing supply deficit and potential buyers grapple with interest rate resistant prices and higher costs of borrowing, local and state governments are entertaining all kinds of...more

Damages in Construction Claims: Are “Actual Costs” Actually Required?

Bradley Arant Boult Cummings LLP on 2/14/2023

The golden standard for the measure of damages in a construction case alleging defective or incomplete work are the actual costs of completion or repair. That is to say, if there is a breach (or multiple breaches) of quality...more

Tennessee Court Extends Economic Loss Doctrine to Construction Claims

Bass, Berry & Sims PLC on 5/25/2022

The Tennessee Court of Appeals recently issued an opinion extending application of the economic loss doctrine to certain construction claims. Among other things, the economic loss doctrine prevents a party from recovering on...more