Contract Disputes

News & Analysis as of

A treaty, not local law, likely governs a dispute arising out of the sale of goods internationally

In 1988, the United States and 10 other countries ratified the United Nations Convention on Contracts for the International Sale of Goods (CISG), which is sometimes referred to as the Vienna Convention. Since then CISG has...more

To What Extent Can You Use Errata Sheets To Correct Testimony Under Rule 30(e)?

In a recent decision, Judge Urbanski addressed when a party is allowed to make changes to deposition testimony by means of an errata sheet under Federal Rule of Civil Procedure 30(e)....more

No Stay of Execution or of Proceedings pending Appeal – insufficient evidence provided regarding funds available to judgment...

In Catalyst Managerial Services v Libya Africa Investment Portfolio [2015] EWHC 3639 (Comm) the Commercial Court has refused to vary an order requiring the Defendant to make a payment into court of the judgment debt sum or...more

3 Stage test in Denton applied and relief refused by High Court!

In Pipe v Spicehaart Estate Agents Ltd (t/a Haart) [2016] EWHC 61 (QB) (18 January 2016) the High Court has applied stage 3 of the test set out in Denton and refused to allow a respondent to file a respondent’s notice 48 days...more

Subcontractor Not Entitled to Payment after it Refused to Perform Disputed Work

In yet another case from Massachusetts, the Massachusetts Appeals Court in Acme Abatement Contractor, Inc. v. S&R Corp. found that a general contractor was justified in not paying its subcontractor, even after the...more

Miller Time: Where to File a Miller Act Suit Arising on an Overseas Project?

Subcontractors filing Miller Act lawsuits in the U.S. must generally do so in the federal district court where the contract from which the dispute arose was “performed and executed.” 40 USC §§ 3131-3134 However, on...more

First trial in the financial list over validity of derivatives transactions draws to a close

The trial of the first case to be heard in the new Financial List has finished and we await the judgment from Mr Justice Blair with interest. The case was transferred in the middle of October, shortly after the Financial List...more

Choose Words Carefully in Dispute-Related Contract Clauses

A couple of words here or there in a contract can make a huge difference, particularly when those words relate to what happens if there is a breach or some other dispute between the parties. This is something that the parties...more

Contracts May Not Require Signatures, Especially in the Digital World

“I’m not signing that.” “I didn’t sign any contract.” Many of us have been in transactions where the deal has gone awry, and the question becomes what happens after someone’s breach or non-performance. In other words, which...more

The Case For Reasonableness: Enforcing Forum Selection Clauses In Business Disputes

For companies that do business across state or national lines, forum selection clauses are more than mere boilerplate or afterthought provisions to a business transaction. Forum selection clauses can reduce uncertainties in a...more

Arkansas Bars Depreciation of Labor When Calculating Actual Cash Value

Over the last few years, courts have disagreed over whether labor — as opposed to materials — can be depreciated when determining actual cash value (ACV); two of our 2015 posts addressed cases in which the District of Kansas...more

Surrogacy Contracts are Alive and Well in Pennsylvania

In today’s modern world of technology, how babies are created is greatly different than in the yesterdays of our parents’ world. Today, there are sperm donors, egg donors, gestational carriers, in vitro fertilization, to...more

U.S. District Court for Northern District of California Holds Engineer May Be Liable to Contractor for Breach of Professional Duty...

Apex Directional Drilling, LLC v. SHN Consulting Eng’rs & Geologists, Inc., 2015 U.S. Dist. LEXIS 105537 (N.D. Cal. Aug. 11, 2015) - The United States District Court for the Northern District of California held that an...more

The 60 Second Construction Journal

You be the judge in this Texas-centric case FACTS: An engineering joint venture contracted with the Dallas Area Rapid Transit (“DART”) to provide design plans and specifications for a light rail line in Dallas, Texas....more

UK Supreme Court Upholds Court of Appeal Decision in M&S v BNP Paribas Rent Claim

The UK Supreme Court has now handed down its greatly anticipated judgment in the case of Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Limited. The Court confirmed that where a break clause...more

Court Holds Extrinsic Evidence Was Inadmissible

As generally understood, the parol evidence rule prohibits the introduction of extrinsic evidence to alter, vary or add to the terms of an integrated agreement. “Parol” is derived from the French word, “parole” meaning...more

Cosmetic Defects Found to Be Basis for Termination of Contractor for Default

In the construction world, many of us lawyers talk about what is known as a material breach in order to support a termination of the contract. In other words, the event that supports the claim for default or termination or...more

Delaware Court of Chancery Holds Anti-Reliance Clause May Bar Fraud Claims Premised on Representations Outside of Agreement

Delaware's Chancery Court rejected a buyer's fraud claims premised on misrepresentations and omissions other than the statements the contract identified as the seller's "sole and exclusive representations" in a recent...more

Washington State Court Upholds Termination For Convenience Clause in Subcontract – Partial Performance Provides Adequate...

SAK & Assocs. v. Ferguson Constr., Inc., 189 Wn. App. 405 (Wash. Ct. App. 2015) - Ferguson Construction, Inc. (“General Contractor”) entered into a fixed sum contract (the “Subcontract”) with SAK & Associates...more

Connecticut Supreme Court Upholds Jurisdiction of Arbitration Panel for Claims Arising on Public Works Construction

The Connecticut Supreme Court recently issued an important decision confirming the rights of design professionals, construction managers, and contractors to assert claims under contracts with the state. The decision also...more

Entire Agreement Clauses – do they work or not?

This client alert is intended to provide a summary which considers the effectiveness and limitations of entire agreement clauses. It also includes some suggestions as to how one might seek to enhance their effects to cater...more

Les Miles is Like the Oil Business

How is that, you say? More on the Les mess: And now, on to our case Co-author Brooke Sizer.   NorAm Drilling Co. v. E & Pco Intern., LLC is important if you: The events E&P acquired two leases in Caldwell Parish, Louisiana,...more

District Court Recognizes The Viability Of Manifest Disregard Of Law Doctrine In The Second Circuit

The Eastern District of New York recently denied plaintiff’s request to vacate an arbitration award in a contractual dispute between Incredible Foods Group, LLC, (“IFG”) and Unifoods, S.A. de C.V., (“UF”) over a shared...more

No Escape: California Court of Appeals Gives a Primary CGL Insurer’s “Other Insurance” Clause Two Thumbs Down

“No Escape” is a 2015 action movie starring Pierce Brosnan and Owen Wilson (that’s right, Owen Wilson) and which the folks at rogerebert.com described as “a dreadful…would-be thriller” and “low-grade trash.”...more

Differing Site Condition Defense Rejected

The Court of Appeals of Washington recently decided King County v. Vinci Construction Grands Projects/Parsons RCI/Frontier-Kemper, JV, a dispute between a joint venture contractor (the Contractor) and King County, Washington...more

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