News & Analysis as of

Construction Contracts Public Policy

Jones Day

Statutory Protections vs. Freedom of Contract: A Shift in the Balance?

Jones Day on

The Situation: Australian courts have struggled with balancing the broad statutory protections afforded to consumers and businesses whilst giving effect to the contractual bargains of well-advised, sophisticated commercial...more

McDermott Will & Emery

Transmission Planning and Construction Right of First Refusal Ruled Unduly Discriminatory, Not Mobile-Sierra Protected

The provision contained in incumbent electric utility tariffs—conferring on the holder the right of first refusal (ROFR) to construct additions to the high-voltage electrical grid, regardless of who conceived of and proposed...more

King & Spalding

Zachry Construction Corp.: The End to Indemnity for Exemplary Damages?

King & Spalding on

In August 2014, the Texas Supreme Court decided Zachry Construction Corp. v. Port of Houston Authority of Harris County, 2014 WL 4472616 (Tex.). While the case involves construction issues—and specifically the enforceability...more

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