The West Virginia Supreme Court of Appeals recently reversed, in part, and affirmed, in part, a lower court decision regarding dismissal of contractual indemnity and implied indemnity claims. WW Consultants was the design...more
10/24/2023
/ Appeals ,
Breach of Contract ,
Construction Contracts ,
Construction Defects ,
Construction Industry ,
Construction Litigation ,
Contractors ,
Design Defects ,
Indemnity Claim ,
Negligence ,
State and Local Government ,
VA Supreme Court
In December 2021, President Biden signed the UFLPA into law to restrict the import of goods mined, produced, or manufactured, in whole or in part, using forced labor from the Xinjiang Uygur Autonomous Region (XUAR), which we...more
Indiana, like other states, has a strong policy favoring arbitration agreements, and Indiana courts construe arbitration clauses broadly to make matters abitrable so long as they reasonably fit within the language of the...more
A federal district court in Washington recently rejected a subcontractor’s motion for reconsideration of a previously granted motion to stay in a Miller Act lawsuit (the Miller Act governs prime contractor bond requirements...more
12/8/2021
/ Appeals ,
Bonds ,
Construction Contracts ,
Construction Industry ,
Construction Litigation ,
Construction Project ,
Contract Disputes Act ,
Contractors ,
Miller Act ,
Stays ,
Subcontractors ,
Subcontracts
When negotiating a complex change order or preparing to litigate a claim, calculating actual recoverable costs incurred can be a difficult exercise. You will want to first review your contract to determine what kinds of costs...more
It is the rare construction project that is completed without any change in the work. In most sophisticated construction projects, the contractual mechanism for managing these changes involves the issuance of a change order....more
On December 8, 2020, in Taylor Morrison of Texas, Inc. v. Kohlmeyer, a Texas Court of Appeals rejected a contractor’s appeal of a trial court order denying the contractor’s motion to compel arbitration in a home construction...more
12/18/2020
/ Appeals ,
Appellate Courts ,
Arbitration ,
Construction Defects ,
Construction Industry ,
Contract Terms ,
Contractors ,
Estoppel ,
Homeowners ,
Motion to Compel ,
Purchase Agreement
On November 6, 2020, the Kentucky Court of Appeals affirmed a trial court’s decision dismissing a contractor’s differing site conditions claim on a sewer replacement project. In TSI Construction, Inc. v. Louisville and...more
Recently, in Cross v. L-M Asphalt Partners, Ltd., the Kentucky Court of Appeals upheld a contractor’s immunity from suit for negligence, where the contractor complied with the contract and construction specifications provided...more
11/17/2020
/ Appeals ,
Appellate Courts ,
Construction Industry ,
Construction Project ,
Contract Terms ,
Contractors ,
Federal Contractors ,
Immunity ,
Negligence ,
Strict Compliance ,
Summary Judgment
On June 24, 2020, in Sayers Constr., LLC v. Timberline Constr., Inc., et al., a Florida District Court of Appeal affirmed a trial court’s denial of a contractor’s motion to dismiss. The contractor moved to dismiss for lack of...more
7/29/2020
/ American Arbitration Association ,
Appeals ,
Arbitration ,
Arbitration Awards ,
Attorney's Fees ,
Construction Contracts ,
Construction Industry ,
Contractors ,
Dispute Resolution ,
Personal Jurisdiction ,
Subcontractors
Liens represent one of the primary mechanisms by which contractors, subcontractors, and other downstream parties secure payment rights under a construction contract. When utilized properly, filing a lien may induce an owner...more
Like many states, Minnesota requires subcontractors and suppliers to send pre-lien notices to owners to perfect mechanic’s lien rights. Failure to comply with the pre-lien notice statute can prove fatal to a lien enforcement...more
6/26/2020
/ Appeals ,
Construction Industry ,
Contract Terms ,
Contractors ,
Dismissals ,
Enforcement Actions ,
Failure to Comply ,
Homeowners ,
Mechanics Lien ,
Notice Requirements ,
Subcontractors ,
Summary Judgment ,
Suppliers
On May 19, 2020, the Federal Circuit upheld summary judgment against a government contractor for failure to file a claim timely within the six-year time limit prescribed by the Contract Disputes Act (CDA). In Electric Boat...more
On May 15, 2020, in Geo-technology Associates Inc. v. Capital Station Dover, LLC, the Delaware Supreme Court dismissed an action to enforce a mechanic’s lien because the geotechnical and construction observation services...more
Like most states, Florida follows the rule that an insurer’s duty to defend is separate from and broader than its duty to indemnify for a potentially covered occurrence. Last week, in South Winds Construction Corp. v....more
An Illinois appellate court recently addressed the scope of negligence liability for a slip and fall injury on a newly installed roof at the Chicago White Sox Stadium. In 2013, a maintenance employee slipped on the roof at...more
3/22/2019
/ Appeals ,
Construction Defects ,
Construction Industry ,
Construction Project ,
Contractors ,
Duty of Care ,
General Contractors ,
Manufacturers ,
Negligence ,
Reversal ,
Risk Mitigation ,
Summary Judgment
If you have been involved in the construction industry for any substantial amount of time, you have likely encountered an individual or an entity on a project who appears to be completely unreasonable or irrational. You may...more
When it comes to actions arising out of damage to property by a contractor, especially in the residential real property context, Tennessee courts typically balance the cost to repair versus the diminution in value of the...more
On March 9, 2018, the Georgia Court of Appeals reaffirmed the applicability of Georgia’s contractor licensing requirements (Ga. Code, Title 43, Ch. 41) to residential and general contractors. In Baja Properties, LLC v....more
In October, a Florida jury found a general contractor liable for $45 million for the death of a motorist killed by one of the contractor’s trucks pulling out of a road construction job site. The case highlights the importance...more
11/9/2017
/ Bodily Injury ,
Construction Industry ,
Construction Site ,
Construction Workers ,
Contractors ,
Department of Transportation (DOT) ,
Employer Liability Issues ,
Federal Contractors ,
Florida ,
Public Projects ,
Safety Standards ,
Subcontractors ,
Transportation Industry ,
Workplace Hazards ,
Workplace Injury ,
Workplace Safety ,
Wrongful Death
The operation and applicability of prompt pay acts in various states is something that contractors ignore to their detriment. A recent Tennessee case drives home the importance of understanding the applicability of any prompt...more