News & Analysis as of

Contract Disputes

Court Finds That Breach Of Fiduciary Duty Claims Is Preempted By Trade Secrets Claim

by Winstead PC on

In Super Starr Int’l, LLC v. Fresh Tex Produce, LLC, a Texas entity that distributes produce throughout the United States filed suit against another Texas entity that imports foreign grown produce into the United States and...more

Contractor Alert: The Importance Of Claim Certifications And Appeal Deadlines

by Fox Rothschild LLP on

Contractors seeking to recover additional time and/or costs on government contracts typically choose to proceed with either a Request for Equitable Adjustment (REA) or a Claim. These remedies fall under the general umbrella...more

M&A Watch: That’s the Way the Cookie Crumbles – Delaware Court Rejects MAE Claim in Commercial Contract Litigation

by Shearman & Sterling LLP on

The Delaware Court of Chancery recently reaffirmed its approach to Material Adverse Effect jurisprudence in the context of a commercial arrangement. Please see full Analysis below for more information....more

Legal Notebook: All road(way)s lead to a contractual dispute

by DLA Piper on

The recent decision of RV Pty Limited v Connector Park Pty Ltd (No 2) [2017] TASSC 22 concerned a dispute between two land development companies in relation to a contract which required the construction of an access road. The...more

Oral construction contracts: RCS Contractors Ltd v. Conway, a costly affair indeed

by Dentons on

Certainty in a construction contract is all the more important when adjudication is envisaged to have to take place under a demanding timetable. The adjudicator has to start with some certainty as to what are the terms of the...more

Florida Statutes of Limitations and Repose Governing Construction Claims Revised to Clarify Accrual Dates Effective July 1

Florida’s Gov. Rick Scott signed HB 377 providing for revisions to the Florida statutes of limitation and repose governing construction claims. The new law revises Fla. Stat. Sec. 95.11 (Limitations Other Than for the...more

Fourth Circuit Affirms Dismissal of Contractor’s Complaint, Declining to Create ‘Ultra Vires’ or ‘Bias’ Exceptions to the...

by Pepper Hamilton LLP on

Balfour Beatty Infrastructure, Inc. v. Mayor and City Council of Baltimore, 2017 U.S. App. Lexis 7252 (4th Cir., April 25, 2017) - The United States Court of Appeals for the Fourth Circuit recently addressed whether the...more

How does a contractor comply with a duty to proceed regularly and diligently with construction works?

by Hogan Lovells on

Most construction contracts require contractors to proceed with their works "regularly and diligently" (or an equivalent requirement such as "with due diligence" and "with due expedition and without delay"). Surprisingly, not...more

Limited role for contra proferentem rule in the interpretation of commercial contracts

by Allen & Overy LLP on

In a dispute over the scope of an exemption clause in a construction contract, the Court of Appeal declined to apply the contra proferentem rule, emphasising its very limited role when interpreting a commercial contract...more

Effect of failure to renew appointment of a process agent for service of process

by Allen & Overy LLP on

A defendant’s failure to renew a process agent’s appointment did not affect a claimant’s right to serve a claim form at the address of the original process agent (which had become a building site) because the contract...more

5 Best Practices For Minimizing Rescission Risk

Recent court decisions across a variety of industries highlight the importance of submitting accurate and complete insurance applications and renewals. When submitting an insurance application, the applicant should accurately...more

The Asia-Pacific Arbitration Review - 2018

by WilmerHale on

The Asia-Pacific region has seen a surge in the use of arbitration in recent years. Although it is difficult to draw general conclusions about a large and incredibly diverse geographical region that stretches from French...more

[Webinar] Help from the Dark Side: A Litigator’s Perspective on Commercial Real Estate Issues - June 22nd, 12:00pm CT

by Thompson Coburn LLP on

The presentation will focus on three key legal issues, ADR, Liquidated Damages, and Letter of Intent. These issues should be considered well in advance when contemplating a possible real estate transaction as they can lead...more

Three Things to Consider Before Terminating Your Construction Contract

by Faegre Baker Daniels on

The design and construction process is extraordinarily complex, and it rarely proceeds as planned and almost never conforms strictly to the contract documents. These documents often include hundreds of pages of general and...more

California Supreme Court Adds To Line Of Cases Narrowly Applying The Right To Recover Attorneys’ Fees Under Civil Code Section...

by Weintraub Tobin on

Despite increasing sophistication amongst contracting parties and evermore common use of attorney fee clauses, the “American Rule” endures. The American Rule is that each side pays its own attorney fees in litigation, win or...more

Capacity of state to contract

by Allen & Overy LLP on

A political battle between Russia and Ukraine has ended up before the English courts, in the context of a dispute over repayment of Eurobonds issued by Ukraine. The decision in The Law Debenture Trust Corporation plc v...more

Renegotiation clause in long-term contract – what if parties cannot agree?

by Allen & Overy LLP on

A long-term licence agreement provided that if the parties could not agree on changes to the contract to reflect a major change in circumstances the matter would be referred to an arbitrator who would decide the new terms....more

Arbitration at your option: So long as you have agreed to it - A case study of Wilson Taylor Asia Pacific Pte Ltd v Dyna-Jet Pte...

by Dentons on

The recent Singapore Court of Appeal judgment in Wilson Taylor Asia Pacific Pte Ltd v Dyna-Jet Pte Ltd discusses the legal implications of an arbitration agreement of an asymmetrical nature. Such an arbitration agreement is...more

Implying terms of due diligence and when time is of the essence in construction contracts - A case study of CAA Technologies Pte...

by Dentons on

In CAA Technologies Pte Ltd v Newcon Builders Pte Ltd [2016] SGHC 246, the Singapore High Court held that it could be appropriate to imply a term requiring contractors to perform their obligations with due diligence and...more

High Court to review availability of judicial review of adjudication determinations

by Dentons on

Judicial review of adjudication determinations - In our earlier update concerning the decisions in Southern Han1 and Shade Systems2 we noted the NSW Court of Appeal decision in Shade Systems was under appeal to the High...more

The Singapore High Court clarifies the scope of adjudication review

by Dentons on

For the first time, a Singapore court considered the question of the scope of an adjudication review under the Building and Construction Industry Security of Payment Act (Cap 30B, 2006 Rev Ed) (the Act). In Ang Cheng Guan...more

Construction Alert: "When Is It Cool Not to Pay? Fridge Dispute at Texas Supreme Court Addresses Prior Material Breach Doctrine"

by Porter Hedges LLP on

The Texas Supreme Court recently issued an opinion that could impact the next construction project where multiple parties complain about who breached (and who breached first) and whether the parties must continue performing...more

When Is the Contractor’s Termination for Default Proper? When It Does Bad Things

by Burr & Forman on

Sometimes you “do” bad things. Sometimes you “look like” you do bad things. Just look at the difference between Bad-boy Jack and my youngest daughter, Haven, who just “looks like” she’s up to no good. In the world of...more

Supreme Court confirms that both commercial common sense and the natural meaning of the words matter in contractual interpretation

by Allen & Overy LLP on

In Wood v Capita Insurance Services Ltd [2017] UKSC 24, the Supreme Court again examined the principles of contractual interpretation. In Arnold v Britton the Supreme Court had cautioned against commercial common sense...more

Reasonable endeavours and whether contract requirement was ‘futile’

by Allen & Overy LLP on

In Astor Management AG & anr v Atalaya Mining PLC & ors [2017] EWHC 425 (Comm) the High Court found that even arguably pointless contractual provisions must be met in the context of a condition precedent to payment of...more

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