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Damages › Construction Disputes › Subcontractors

JAMS

Resolving Construction Conflicts Efficiently: A Guided Mediation Approach

JAMS on

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

Nelson Mullins Riley & Scarborough LLP

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

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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

A&O Shearman

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

A&O Shearman on

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

J.S. Held

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

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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

Bradley Arant Boult Cummings LLP

Whiting-Turner Prevails in Wrongful Termination Dispute

Bradley Arant Boult Cummings LLP on

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

Bradley Arant Boult Cummings LLP

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

Bradley Arant Boult Cummings LLP on

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

Bradley Arant Boult Cummings LLP

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

Bradley Arant Boult Cummings LLP on

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

Bradley Arant Boult Cummings LLP

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

Bradley Arant Boult Cummings LLP on

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

Buchalter

Gobble Gobble First and Then You Can Put Up the Christmas Tree. Well, Kinda.

Buchalter on

In VVM Builders, LLC v. Atkins Construction Group, LLC, No. CV195021541S (Oct. 31, 2019), the Superior Court of Connecticut squarely addressed this precise issue in a case involving a change order dispute between a contractor...more

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