Damages, Construction Disputes, Contract Disputes

Direct vs. Consequential: Why precise contract language matters

Clark Hill PLC on 8/26/2025

When entering into a construction contract, it is important to understand and account for the differences between direct damages and consequential damages, as these differences can determine what damages may be recoverable....more

$800M Dispute Over Pumped Storage Hydro Project Heads to Trial

Bradley Arant Boult Cummings LLP on 8/22/2025

A federal judge in Michigan last week rejected a contractor’s efforts to avoid a jury trial this fall in its dispute with the owner of the Ludington Pumped Storage Hydro plant. The case involves a project to overhaul the...more

Resolving Construction Conflicts Efficiently: A Guided Mediation Approach

JAMS on 7/28/2025

With more than 40 years of experience in construction mediations, I’ve seen how early mediator involvement can significantly streamline the resolution process. By engaging a mediator early—before discovery heats up—parties...more

Florida Federal Court Makes Pivotal Ruling on Direct vs. Consequential Damages in Design Disputes

Nelson Mullins Riley & Scarborough LLP on 7/21/2025

In a closely watched order issued July 11, 2025, the U.S. District Court for the Middle District of Florida addressed a previously unresolved and critical question under Florida law: whether remediation costs for defective...more

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

All aboard the Good Faith Express, but mind the causation gap

A&O Shearman on 7/16/2025

In Matière v ABM, the court found that there was an express obligation of good faith in a number of contracts concerning a joint venture for a subcontracting role in the construction of the HS2 railway. However, it concluded...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

Whiting-Turner Prevails in Wrongful Termination Dispute

Bradley Arant Boult Cummings LLP on 5/2/2025

A California appeals court has upheld a $5 million award in favor of Whiting-Turner Contracting Company and against the owner of a 12-story, Virgin-brand hotel in San Francisco. Whiting-Turner agreed to construct the hotel...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

Yes, Damages for Delay: Court Permits Delay Damage Claim to Proceed

Bradley Arant Boult Cummings LLP on 4/4/2025

A federal court in upstate New York is permitting a subcontractor’s delay claim to proceed notwithstanding a “no damages for delay” provision in the subcontract. The case, The Pike Company, Inc. v. Tri-Krete, Ltd., involves...more

How Not to Frustrate an Arbitrator

JAMS on 3/11/2025

Common Mistakes Attorneys Should Avoid in Arbitration - A recent federal court ruling held that an arbitration award would be enforced under the facts of that case, regardless of whether the parties considered the award...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