News & Analysis as of

Breach of Contract › Change Orders

Stoel Rives - Ahead of Schedule

Surety Bonds vs. Subcontractor Default Insurance

Stoel Rives - Ahead of Schedule on

With construction teams navigating the effects of the COVID-19 pandemic and the world’s material supply chains, securing project performance has perhaps never been at such a premium. If a contractor cannot timely perform, or...more

Poyner Spruill LLP

Look Before You Leap: The Cost of Failing to Preserve Claims When Submitting Monthly Applications for Payment

Poyner Spruill LLP on

Subcontractors and contractors with pending construction contract claims, read your monthly application for payment, lien waiver, and change order forms closely before signing. Failure to do so may result in a costly waiver...more

Buckingham, Doolittle & Burroughs, LLC

Dear YouDig? How to avoid a design-build debacle

Buckingham, Doolittle & Burroughs, LLC on

Dear YouDig?, We are a design builder. We hired a design team to do the preliminary design for our bid on a large DB project. We won the bid. Of course we warranted to the project owner that we would build the project, as...more

White & Case LLP

High Court of Australia clarifies the availability of the remedy of restitution on a ‘quantum meruit’ basis

White & Case LLP on

a) On 9 October 2019, in the judgement of Mann v Paterson Constructions Pty Ltd [2019] HCA 32 (Mann), the High Court of Australia clarified the ability for contractors to claim on a quantum meruit basis....more

Bradley Arant Boult Cummings LLP

A Dangerous Myth: That a Great Subcontract Will Prevent Claims on a Poorly-Executed Project - Construction and Procurement Law...

Bradley Arant Boult Cummings LLP on

Well-drafted, legally-enforceable agreements are key to any construction company’s risk management strategy. This is especially true for subcontracts, which serve as a contractor’s critical tool to coordinate a successful...more

Bradley Arant Boult Cummings LLP

A Warning for Government Contractors: Sovereign Immunity

Bradley Arant Boult Cummings LLP on

A recent Georgia appellate court decision serves as a stark reminder to contractors on government projects that sovereign immunity, though frequently disclaimed in the contract, may limit a contractor’s ability to recover. In...more

Troutman Pepper

Texas Court of Appeals Holds That Owner’s Change to Contractor’s Means and Methods Resulted in a “Breach,” Instead of a “Change”...

Troutman Pepper on

Port of Houston Auth. of Harris Cnty. v. Zachry Constr. Corp., 2016 Tex. App. LEXIS 13306 (Tex. App. Houston 14th Dist. Dec. 15, 2016) - This contract dispute dates back to 2004, when the Port of Houston Authority...more

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