Contract Disputes

News & Analysis as of

Pennsylvania Commonwealth Court Holds Enforceable School District’s Oral Promise to Pay Subcontractor for Returning to Job after...

Zacherl, Inc. v. Flaherty Mechanical Contractors, LLC, 131 A.3d 1030, 2016 Pa. Commw. LEXIS 22 (Jan. 6, 2016) - The West Allegheny School Board (the “School Board”) voted to approve the School District’s (the...more

Exceptions to the temporary finality of interim payment certificates and the architect’s role in enforcement proceedings - A case...

The issue before the Court of Appeal was whether an employer could establish any exceptions in clause 31(13) of the Singapore Institute of Architects Articles and Conditions of Building Contract (“SIA Conditions”) to...more

Give your dough to the baker even if he will eat half of your bread!

As dispute lawyers we often deal with contracts that result in unintended consequences because they have not been drafted by lawyers expert in the chosen governing law of the contract. While many legal systems share...more

Foundation for the Lost Boys and Girls of Sudan v. Alcon Entertainment (N.D. Georgia, March 23, 2016)

Rarely does one think of copyright issues surrounding how research is conducted for feature films that are based on real life events, but 54 Sudanese refugees are forging that new connection between research and copyright in...more

Managing In-Project Disputes in Major Construction Projects

What do you do when an unforeseen event threatens to increase the costs or time necessary to complete a major construction project? At first, it may seem easy to “wait and see” if the issue develops into something impactful,...more

Term sheet may be legally binding

A recent High Court decision has considered the contractual status of a document described as a "term sheet" which related to an investment in a joint venture company....more

International Sales Contracts: Square Peg, Round Hole

The purpose of a sales contract is to define the parties’ obligations and to optimize outcome if a dispute arises. As such, a contract is a tool to manage risk and prevent loss. The good news is the vast majority of...more

CBCA Expands its Approval of Subcontractors’ “Sponsored” Claims

Typically, a subcontractor cannot appeal a Contract Disputes Act (“CDA”) claim to the Civilian Board of Contract Appeals (“CBCA”) because the subcontractor lacks privity of contract with the government. However, the...more

Agreements to Arbitrate Are Simple, Right?

The construction industry has been a leader in the use of arbitration to resolve disputes. In the past 30 years, it is fair to say that arbitration has outpaced litigation as the dominant method of dispute resolution. The...more

Arbitration Provision Rejected in Franchise Dispute

In Case Del Caffe Vergnano SPA v. ItalFlavors, LLC, the Ninth Circuit held that the court, not an arbitration tribunal, could review a franchise contract and determine it was a sham, based upon a second contract signed...more

Finding “Common Ground” in a Site Conditions Clause

I recently attended an ABA conference in Newark, New Jersey in which the theme was “Finding Common Ground in Drafting and Negotiating Design Clauses” in construction contracts. One of the speakers presented a segment...more

Franchising Update

While dispute resolution clauses may be straightforward for domestic franchise agreements as a result of the Franchising Code, dispute resolution clauses can be one of the most neglected provisions in international master...more

Retaining neutral accounting experts in M&A working capital disputes

A typical provision in a purchase and sale agreement requires the buyer, post-closing, to provide a “true-up” of the target's net working capital agreed upon by the parties at closing. If the seller disagrees with the...more

WIN Wise: Back to basics - Termination of commercial contracts

Can I terminate my contract? Does the other party have a right to terminate? These appear to be simple questions, but termination of contracts is a complex area of law. This 'Back to Basics' note highlights the key...more

Brexit: What does it mean for companies doing business in the UK?

The fate of the United Kingdom’s membership of the European Union hangs in the balance. Britons are due to go to the polls to vote in a referendum on 23rd June 2016 to decide whether the UK should remain a member of the...more

Whose Your Mommy? Legality of Surrogacy Contracts

It appears that regardless of her separation and subsequent divorce from husband, Lamar Sally, television personality, Sherri Shephard, will still retain the title of “mommy” to Lamar Sally, Jr. On March 1, 2016, the...more

Canary Wharf v Deutsche Trustee Company Limited: Contractual interpretation now settled and straightforward, correct?

The English High Court has once again had to visit the principles for interpretation of contracts under English law, in Canary Wharf v Deutsche Trustee Company Limited and others. The particular issue in dispute concerned...more

Court Of Chancery Decides If Arbitration Required When Arbitration Clause Not In One Of Two Contracts

When only one of two related contracts has an arbitration clause, the Court can still require arbitration of a dispute under the contract lacking that clause. The question is whether the two contracts deal with the same...more

Second Circuit Finds Panel Did Not Commit A “Manifest Disregard Of The Law” And Denies Vacatur Of Arbitration Award

The appellee, Sutherland Global Services, a call center support service provider, invoked the arbitration clause contained in its Master Service Agreement with the appellant, Adam Technologies, after Adam reportedly failed to...more

Court Flexes its Muscle to Strengthen the Enforceability of Liability Waivers

The court pointed out that the membership agreement instructed the plaintiff to refrain from signing it until reading the entire agreement, pronounced that the terms of the agreement were contained on both sides of the...more

Contractors Beware – Maryland’s Economic Loss Doctrine is Alive and Well

Maryland recently reaffirmed application of the “economic loss doctrine” to damages sought in construction disputes in Balfour Beatty Infrastructure, Inc. v. Rummel Klepper & Kahl, LLP, No. 496, Sept. Term 2014, 2016 WL...more

Railroad Commission Plugs the Wrong Well – Another Issue

“Back in the day, when the Yankees always won the World Series and you could name a park after a Confederate general, we didn’t need no written contract; a man’s word was his bond, … yadda, yadda, yadda”....more

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

242 Results
|
View per page
Page: of 10
JD Supra Readers' Choice 2016 Awards

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×