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Phelps Dunbar

You Can Pay Me Now, or…

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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

Bradley Arant Boult Cummings LLP

Not All Construction Performance Bonds Are Created Equally

The Oklahoma Supreme Court has rejected a contractor’s performance bond claim due to the lack of adequate notice to the subcontractor’s surety (see Flintco LLC v. Total Installation Management Specialists, Inc., No. 120,100...more

Bradley Arant Boult Cummings LLP

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

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

J.S. Held

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

J.S. Held on

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

Proportional Fault Indemnification Provisions Held Enforceable in Alabama

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

Bradley Arant Boult Cummings LLP

Whiting-Turner Prevails in Wrongful Termination Dispute

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

Marshall Dennehey

General Contract May Be Entitled to Award of Attorneys’ Fees Against Subcontractor, Despite Jury’s Apportionment of Damages

Marshall Dennehey on

Babin Builders and Development Inc. v. Quinones, Fla. 1st DCA, No. 1D2022-4103, February 12, 2025 - For construction defect litigation, many times we are called into action to defend a subcontractor who has been included as a...more

Jackson Walker

Understanding “Action Over” Claims and Third-Party Over Indemnity

Jackson Walker on

An “action over” (also called a “third-party over action”) is a type of legal action (lawsuit or arbitration) in which an injured employee, after collecting workers’ compensation benefits from his employer, files a tort claim...more

Hanson Bridgett

Taking Responsibility: Who’s At Fault? Lorenzo Court Says Everyone

Hanson Bridgett on

A recent court ruling raises questions and concerns over the scope of liability owners and contractors may face when a subcontractor's employee is involved in an off-site accident during the course of construction. ...more

Gray Reed

Lien and Bond Claims in May 2025: Dates to Remember

Gray Reed on

Use this guide as a reference when filing lien and bond claim notices for the month of May....more

Kohrman Jackson & Krantz LLP

Ohio Ruling Highlights Timing Importance for Naming Defendants in Injury Claims

An recent Ohio appellate court decision reinforces a critical point for plaintiffs and a crucial defense strategy for defendants: if you don’t properly and timely name individual employees/agents in a lawsuit, you may lose...more

Bradley Arant Boult Cummings LLP

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

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

Rumberger | Kirk

Adapting to Change: New Rules of Civil Procedure Require New Considerations for Construction Attorneys

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On Jan. 1, 2025, the Florida Rules of Civil Procedure changed dramatically. The new rules and amendments are designed to enhance efficiency and impact the setting of cases for trial, case management, discovery practice,...more

Spilman Thomas & Battle, PLLC

Subcontracting Lessons on Indemnity Provisions, Consistency of Contract Terms and Estoppel From the SC Court of Appeals

The Retreat at Charleston National Country Club Home Owners Ass’n, Inc. v. Winston Carlyle Charleston National, LLC, S.C. App. Case No. 2021-001050, Opinion No. 6099 (Feb. 12, 2025) Key Takeaways: Case Summary (for those of...more

Davis Wright Tremaine LLP

Washington Court of Appeals Reaffirms General Contractors' Duty To Maintain Safe Jobsite

If a general contractor thinks its responsibility for ensuring a safe workplace extends only to its own employees, that belief is mistaken. In a recent case, the Washington Court of Appeals made clear that as long as a...more

Snell & Wilmer

Arbitration Lessons From a Arizona Recent Case, Chayce Concrete, LLC v. Path Construction Southwest, LLC

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In Chayce Concrete, LLC v. Path Construction Southwest, LLC, the Arizona Court of Appeals reaffirmed Arizona courts’ deference to arbitrators when it comes to confirming an arbitrator’s award. The opinion further highlights...more

Saiber LLC

The Saiber Construction Law Column: December 2024

Saiber LLC on

The legal concept of “privity of contract” is a common law principle which provides that only parties directly involved in a contract can enforce its terms or be held liable for its obligations. This means that third parties...more

Amundsen Davis LLC

[Webinar] Tenth Annual Construction Industry Legal Power Seminar - January 23rd, 8:00 am - 12:00 pm CT

Amundsen Davis LLC on

Join our interdisciplinary panel of Amundsen Davis attorneys for a half-day livestream seminar highlighting the key issues and emerging trends impacting the construction industry. With an eye toward 2025 and beyond, sessions...more

Bradley Arant Boult Cummings LLP

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

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

Spilman Thomas & Battle, PLLC

Federally Funded Projects and Minority/Women-Owned Businesses – A Legal Lesson

It may seem obvious that construction companies and federal agencies, such as the Department of Transportation, are to adhere to the federal regulatory statutes for federally funded construction projects, but you would be...more

Cohen Seglias Pallas Greenhall & Furman PC

Negotiating Construction Disputes: Lessons Learned from “Getting to Yes”

Disputes are a fact of life in the construction industry. As a practicing construction attorney for twenty years, both with a law firm and as in-house at a national construction contractor, I have negotiated and helped...more

Mayer Brown

Legal Developments in Construction Law: September 2024

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1. SUPREME COURT PUTS COLLATERAL WARRANTIES IN THEIR THEIR PLACE - Can a collateral warranty be a "construction contract" under the Construction Act, an agreement for the carrying out of construction operations?...more

Stoel Rives LLP

Document Preservation, Collection and Production Obligations

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Whether a construction dispute is subject to arbitration or court litigation, the parties to the dispute will most likely engage in a process to exchange their project files, project-related emails, and a myriad of other...more

Bradley Arant Boult Cummings LLP

Court Separates Facts from Fiction – Lack of Supporting Project Documents Dooms Contractor

A recent decision from the U.S. District Court for the Southern District of Florida demonstrates how facts supported by documents generated during the project can be vital to prime contractor/subcontractor disputes. In...more

Spilman Thomas & Battle, PLLC

Clarifying Mechanics’ Lien Law

A mechanics’ lien is a powerful remedy that provides a contractor with a priority lien on a property and a fast means of being made whole if payment is not rendered at the completion of a job. In order to successfully obtain...more

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