News & Analysis as of

Contract Disputes

Dutch Courts Give Judgment on Immunities of NATO Supreme Headquarters

by Kelley Drye & Warren LLP on

Earlier this year, district and appellate courts in the Netherlands have delivered first judgments in the context of a high-stakes contractual dispute between three fuel companies and Supreme Headquarters Allied Powers Europe...more

NC Business Court Rules On What Constitutes An "Arbitration"

by Brooks Pierce on

You've probably never had to decide what it means to agree to arbitrate. Usually, there is a written provision that references the AAA Rules and includes a consent to AAA's procedures as to the appointment of the...more

Exclusive remedy clauses: A cautionary tale

by DLA Piper on

Oil and gas suppliers, faced with difficult market conditions, will look to take full advantage of the contractual machinery at their disposal to limit their liability to contractual counterparties. A prime example of that is...more

Appellate Court Holds That The New Mexico Unfair Practices Act Applies To A “Services” Contract For The Construction Of A Home,...

by Pepper Hamilton LLP on

Fogelson v. Bozzone, 2017 N.M. App. LEXIS 58 (July 26, 2017) - In May of 2008, Wallen Development, LLC (“Wallen”) entered into a written agreement to construct and sell a new home to David and Corinne Fogelson...more

"Common Sense Prevails": Northern Ireland Housing Executive v. Healthy Buildings (Ireland) Limited [2017] NIQB 43

by Dentons on

Where a compensation event has occurred and additional costs have been incurred, can a contractor claiming compensation rely on forecast costs to assess the effect of the compensation event? Common sense dictates no....more

Undefinitized Contracts - Turner Construction Co. v. Smithsonian Institution - Construction and Procurement Law News, Q3 2017

The Civilian Board of Contracts Appeals (“CBCA”), the federal administrative court tasked to resolve disputes between government contractors and federal civilian executive agencies, recently issued a decision in Turner...more

My Roof, My Rules: Arbitrators May Determine Their Own Jurisdiction When the Parties Delegate that Authority

An issue that repeatedly comes up in construction disputes is the scope of an arbitration agreement. Courts generally interpret agreements to arbitrate broadly, and, where the arbitrability of a specific claim has been at...more

New North Carolina Law Adds Predictability to Litigation Involving Business Contracts

by Ward and Smith, P.A. on

North Carolina businesses commonly enter into contracts to buy or sell goods and services west of Murphy, north of Mt. Airy, south of Charlotte, and even east of Ocracoke. When contracts such as these extend beyond state...more

Delaware Court Of Chancery Orders Specific Performance, Finding Plaintiff Did Not Breach Its Contractual Obligation To "Reasonably...

by Shearman & Sterling LLP on

On September 11, 2017, Chancellor Andre G. Bouchard of the Delaware Court of Chancery ordered defendant, Comdata, Inc. (“Comdata”), to specifically perform under, and pay damages for its termination of, its merchant agreement...more

Unlicensed Contractor Shoots for the Stars . . . Sputters on Takeoff

Elon Musk . . . Eccentric engineer. Technology billionaire. And, now, litigation bad ass. Frequent readers of the California Construction Law Blog know that we’ve talked about the importance of being properly...more

Federal District Court in South Dakota Compels Arbitration Despite Defendant’s Failure to First Submit the Dispute to the Project...

by Pepper Hamilton LLP on

Dlorah, Inc. v. KLE Constr., LLC, No. CIV. 16-5102-JLV, 2017 U.S. Dist. LEXIS 11043 (D.S.D. July 17, 2017) - Plaintiff, Dlorah, Inc. (“Dlorah”), filed suit against defendant, KLE Construction, LLC (“KLE”), in connection...more

How Coexistence Agreements Work

by Revision Legal on

In trademark law, coexistence agreements are contracts whereby two trademark owners agree to use their similar marks, but agree to limitations. For example, the two owners might agree that their respective goods or services...more

Attorney Fee Shuffle - The Arizona Supreme Court has Imported the Fee Shifting Provision of A.R.S. § 12-341.01(A) Into Private,...

by Jaburg Wilk on

Unlike many states, Arizona has long provided for the recovery of attorney fees, albeit on a discretionary basis, in contested contract disputes. See A.R.S. § 12-341.01(A). The Arizona legislature made clear, however, that...more

Cross border litigation after Brexit – what to do following the government's position paper

by Dentons on

The UK government has published a "future partnership paper" on how it proposes to secure a framework for cross-border judicial co-operation after Brexit. Like many in its series of position papers, this is high on ambition...more

Cities Of The Wisconsin, BEWARE!

by Fox Rothschild LLP on

A recent decision by the Wisconsin Supreme Court (“Court”) has potentially far-reaching consequences for municipalities and how they conduct certain business. In Benson v. City of Madison, the Court analyzed whether the...more

Court Affirms Arbitration Decision Arising From Trust Dispute

by Winstead PC on

In Saks v. Rogers, a beneficiary of a trust challenged a trial court’s enforcement of an arbitration decision. No. 04-16-00286-CV, 2017 Tex. App. LEXIS 6923 (Tex. App.—San Antonio July 26, 2017, no pet. history)....more

Liquidated Damage Provisions – A Good Idea or an Unenforceable Penalty?

by Faegre Baker Daniels on

Construction contracts often contain a provision for a stipulated or “liquidated” damage amount in the event of specified contract breaches. These provisions can be an effective tool to recover losses that otherwise may go...more

No cross-contract set-off under Security of Payment Act

by White & Case LLP on

In Hua Rong Engineering Pte Ltd v Civil Tech Pte Ltd, the Singapore High Court considered whether counterclaims and set-offs arising outside the context of the contract in dispute can operate as a defence in adjudication...more

First Cyberspace Court set up in China: the Chinese judiciary enters the digital age

by Hogan Lovells on

China’s first Cyberspace Court was inaugurated on Friday 18 August in Hangzhou, Zhejiang Province. Going forward, this new court will handle all internet-related disputes in all districts of Hangzhou through a fully...more

Business Contracts and Material Breach

by Revision Legal on

In general, a breach of contract is any failure to perform what you agreed to do. Examples would be: Failure to deliver the goods promise, Failure to deliver the goods in a timely fashion, Failure to pay, etc...more

The Ten Most Widely Used Alternative Dispute Resolution Methods

by Faegre Baker Daniels on

Over the past two decades, arbitration has lost some of its luster as the best method to resolve construction industry disputes. The perceived “judicialization” of arbitration is at the heart of the industry’s recent...more

New York Vacates Arbitral Award With Manifest Disregard Doctrine

by Latham & Watkins LLP on

In Daesang v. The NutraSweet Co. (May 2017), the New York State Supreme Court partially vacated a $100 million International Chamber of Commerce (ICC) arbitral award on the grounds of manifest disregard of the law. Justice...more

How Not to Secure an Oil Well Lien in Louisiana

by Gray Reed & McGraw on

Rozel Operating v. Crown Point Holdings, LLC, et al., reminds one of the need to understand and apply the meaning of terms used in a statute one is attempting to enforce. And imaginative theories don’t work without evidence...more

Fifth Circuit Expands Post-Trial Review of Summary Judgments

by Strasburger & Price, LLP on

In Feld Motor Sports, Inc. v. Traxxas , L.P., No. 16-40686 2017 U.S. App. LEXIS 11705 (5th Cir. June 30, 2017), the Fifth Circuit held for the first time that an appellate court can review a trial court’s legal conclusions in...more

Austerity and long-term PFI/PPP contracts: a recipe for disputes?

by Dentons on

Nearly a decade after the 2008 economic downturn, the age of austerity continues. With 18 months of Brexit negotiations and economic uncertainty ahead, cash-strapped public bodies are likely to see further decreases in their...more

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