News & Analysis as of

Subcontractors Construction Litigation

Tarter Krinsky & Drogin LLP

Consequential Damages: Contract Language Is Key

Judge Andrea Masley of the Supreme Court of New York County rendered a decision in Bldg 44 Developers LLC. v. The Pace Companies of New York LLC, which is highly significant in the area of construction law for two reasons:...more

Herbert Smith Freehills Kramer

Time’s Up: NSW Court of Appeal Reminder About the Importance of Understanding and Hitting Security of Payment Deadlines

The NSW Court of Appeal in Roberts Co (NSW) Pty Ltd v Sharvain Facades Pty Ltd (Administrators Appointed) [2025] NSWCA 161 has confirmed that, under the Building and Construction Industry Security of Payment Act 1999 (NSW)...more

Bradley Arant Boult Cummings LLP

Court Rejects Subcontractor’s Safety Excuse for Jumping Ship

A federal judge in Oklahoma last week ruled against an electrical subcontractor who quit work before finishing because it was allegedly unsafe to continue. The court found that the subcontractor was simply losing money, and...more

JAMS

Resolving Construction Conflicts Efficiently: A Guided Mediation Approach

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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

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

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

Blake, Cassels & Graydon LLP

Shimco Lien Reaffirmed: B.C. Court of Appeal Clarifies Dual-Lien Structure Under the Builders Lien A

In Kingdom Langley Project Ltd. Partnership v. WQC Mechanical Ltd. (Kingdom Langley), the British Columbia Court of Appeal reaffirmed the validity of what are commonly referred to as “Shimco liens.” Shimco liens are liens...more

BCLP

Is the Adjudication Process Unfair?

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On 17 June 2025 the Adjudication Society held a panel discussion, hosted by BCLP, looking at whether the adjudication process is unfair to employers, main contractors or subcontractors or does it just feel that way....more

PilieroMazza PLLC

Top 10 Killer Construction Contract Clauses, Part 2: Pay-If-Paid and Pay-When-Paid

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In the world of construction, it is essential for both prime contractors and lower-tier subcontractors to carefully manage financial risk when negotiating subcontract agreements. While a party’s ability to distinguish and...more

Miller Nash LLP

Washington Court of Appeals Confirms Contractor Can Appeal Denial of Intervention in Lien Foreclosure Suit

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Washington’s construction lien statute makes clear that all lien foreclosure actions arising out of the same project should be joined into a single lawsuit. Filing a motion to intervene in a pending foreclosure lawsuit will...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

Blake, Cassels & Graydon LLP

The Dispute Resolution Clause in Public Infrastructure Contracting — A Litigator’s View

Large public infrastructure projects typically involve several stakeholders and a complex array of contracts and subcontracts. A thoughtful approach to the negotiation and drafting of contractual dispute resolution clauses...more

Seyfarth Shaw LLP

50 State Lien Law Notice Requirements (UPDATED)

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This quick reference describes general time requirements for filing lien notices in each state, plus Washington, DC. Seyfarth’s Construction team prepared the survey for use primarily by commercial contractors and real estate...more

Porter Hedges LLP

Construction Law Update from the 89th Texas Legislature Regular Session

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The Texas Legislature is currently in session and is scheduled to adjourn on June 2, 2025. Porter Hedges is actively monitoring any legislation that influences Texas construction law and impacts construction projects,...more

Bradley Arant Boult Cummings LLP

Tracking Lien Law Requirements: Alabama

This is the first in a series of blog posts discussing lien requirements in states where we most frequently litigate and states with unique lien requirements. Alabama Lien Law Basics - Alabama’s statutory mechanic’s lien...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

Akerman LLP

Tariff Troubles: Analyzing Construction Contracts in the Current Market

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2025 brought with it many new tariffs, and those tariffs seem to be changing on a near-daily basis. Given this, many in the real estate industry are understandably apprehensive about beginning new projects. Many more are...more

BCLP

Jaevee Homes v Fincham: WhatsApp Users Take Note!

BCLP on

In this Insight, first published in PLC, Anna Blest and Katharine Tulloch consider the decision in Jaevee Homes Ltd v Fincham (t/a Fincham Demolition) [2025] EWHC 942 (TCC), in which the court concluded, among other things,...more

Kohrman Jackson & Krantz LLP

Ohio Courts Reinforce Arbitration Provisions Despite Conflict, Missing Signatures and Litigation

Ohio courts are reaffirming a consistent and increasingly important theme: if your contract contains an arbitration clause, expect to be held to it. Three recent appellate decisions—Denham v. Encino Energy, LLC,...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

Manifest Disregard Discarded: Fifth Circuit Limits Grounds to Vacate Arbitration Awards

“Manifest disregard of the law” is no longer a valid basis to challenge arbitration awards, at least not in the federal courts of Texas, Mississippi and Louisiana. Rather, according to the Fifth Circuit’s decision in U.S....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

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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

Adams & Reese

Louisiana Supreme Court Issues Key Ruling on Contractor Summary Judgment

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Earlier this month, the Louisiana Supreme Court issued a significant decision that holds implications for insurers and their insured contractors and subcontractors, particularly concerning summary judgment procedures in...more

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