News & Analysis as of

Scope of Work

Illinois Appellate Court Attempts to Draw the Line Between Contract and Quasi-Contract; Holds That Quantum Meruit Is Only...

by Pepper Hamilton LLP on

Archon Construction Co. v. U.S. Shelter, LLC, 2017 Ill. App. LEXIS 197 (March 31, 2017) - U.S. Shelter, LLC, a developer, undertook to develop a new residential subdivision in Elgin, Illinois. As part of that project,...more

The Continuing Attack on Tribal Sovereign Immunity at the Supreme Court

by GableGotwals on

Immunity of tribal officers and employees from suit in state and federal court for tort liability should concern tribal governments engaged in gaming operations. Often, because of historical antecedents and general belief,...more

Exploring Tribal Sovereign Immunity with Lewis v. Clarke

by K&L Gates LLP on

The U.S. Supreme Court recently held that tribal employees can be sued in their individual capacities for torts they commit while acting within the scope of their employment. Relying upon cases involving tort suits against...more

Does Workers’ Comp Cover Injuries that do Not Occur at the Job Site?

by Howard Ankin on

Under Illinois workers’ compensation laws, an employer may be held liable for injuries that occur outside of the workplace, depending on the circumstances surrounding the injury....more

SCOTUS Explores Tribal Sovereign Immunity in Lewis and Clarke Fender Bender

by Snell & Wilmer on

On April 25, 2017, the U.S. Supreme Court issued a unanimous opinion in Lewis v. Clarke, a case involving tribal sovereign immunity. The Court held that when a tribal employee is sued in his or her individual capacity, that...more

Tribe's Indemnification of Employee Does Not Confer Sovereign Immunity

by Stinson Leonard Street on

On April 25, 2017, the U.S. Supreme Court issued a much anticipated ruling, which may impact the ability of Tribes to rely on sovereign immunity in certain types of tort claims alleged against their employees....more

U.S. Supreme Court Holds Sovereign Immunity Does Not Protect Tribal Employee Sued Individually

by Littler on

On April 25, 2017, by unanimous vote (8-0) vote, the U.S. Supreme Court ruled that a Native American tribe’s sovereign immunity from lawsuits does not extend to a tribal employee sued over actions he took within the scope of...more

Employee Impaired Driving and a Million Dollar Verdict: Employer Best Practices for Employee Vehicle Use

by Burr & Forman on

If your employees use business vehicles or personal vehicles for work, you should take heed of Great American Alliance Ins. Co. v. Anderson, 2017 U.S. App. LEXIS 2277 (11th Cir. Feb. 8, 2017), involving approximately $1...more

Changes to your Scope of Services on the Construction Project (law note)

by Melissa Dewey Brumback on

Our office is in the middle of a large renovation. It’s been several months of drilling, sawing, painting, carpeting– you name it. I’m proud to say that we have had not one change to the scope of work during that time.....more

Q&A with Jake Krattiger: State companies could expand on texting ban in Oklahoma

by GableGotwals on

Q: Can a business prevent its employees from using mobile devices like phones, tablets and computers when operating a company vehicle? A: Absolutely. The city of Tulsa recently implemented such a policy. Additionally,...more

Construction Contract Clauses Only a Grinch Would Love – Part 4

Scope, time and cost provisions may be the most important clauses in your construction contract but they’re not the only ones which can impact your bottom line. The fourth and final part in a multi-part series, here are some...more

Paying for software development? Make sure you own it!

by Butler Snow LLP on

In a digital society dominated by the saying, “there’s an app for that,” copyright protection is essential. Paying to have a work created does not automatically vest ownership of the copyright in the paying party. When making...more

Can You Change the Scope of Work? Not in a bidding situation! (reader comment)

by Melissa Dewey Brumback on

Setting the Right Expectations for Owner Clients is a must, as I recently wrote in my post discussing Scope of Work clauses. According to construction consultant Tony Frisby,* scope of work issues are more important than...more

Setting the Right Expectations for your Owner Client– Craft your Scope of Work well (law note)

by Melissa Dewey Brumback on

Regular readers of this blog know that you absolutely should have a written contract, and not rely on “gentlemen’s agreements.” But what is the most important part of your agreement to provide professional services? The...more

Construction Corner: Construction Contract Basics

by Shipman & Goodwin LLP on

In a previous Construction Corner Post we discussed the primary elements of a design contract for a school construction project. In this post we will describe the basic elements of a construction contract for a school...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

Owners: Have You Protected Your Project Design?

by Stoel Rives LLP on

The owner’s rights to use project design documents can be overlooked during contract drafting and negotiation. Standard form design contracts, however, often contain design document terms that weigh heavily in the architect’s...more

When Contract Forms Cause Unintended Consequences

by Faegre Baker Daniels on

Inclusion of unrevised Standard AIA contract forms in your construction agreements can cause serious unintended consequences. A case decided by the Indiana Supreme Court, Bd. of Comm’rs. Cty of Jefferson v. Teton Corp., 30...more

Commonwealth Court Expands the Scope of Good Samaritan Amendment to the Workers’ Compensation Act

In 2003, the Pennsylvania General Assembly amended Section 601 of the Workers’ Compensation Act to expand the definition of the word “employee” to include employees who, while in the course and scope of their employment,...more

New Jersey Supreme Court affirms award of bid that deviates from proposal

The New Jersey Supreme Court has affirmed a state agency’s decision to award a contract to the lowest bidder even though the bid did not comply with the scope-of-work requirements of a request for proposal. Matthew J....more

Issues of Exceeding the Proper Scope Continue to Plague the Board

In Ariosa Diagnostics, Inc. v. The Board of Trustees of the Leland Stanford Junior University, IPR2013-00308, Paper 27 (June 6, 2014) another patent owner was complaining that the Petitioner had exceeded the proper scope in...more

The Legal Perspective on Technical Documents in the Construction Industry

by Bennett Jones LLP on

A lawyer adds value to a project by applying his or her unique knowledge of legal principles and industry experience to the particular circumstances of a client’s business. In the construction industry, the substance...more

California Court Denies Summary Judgment on Known Conditions Exclusion

In its recent decision in Lennar Mare Island v. Steadfast Ins. Co., 2014 U.S. Dist. LEXIS 26405 (E.D. Cal. Feb. 28, 2014), the United States District Court for the Eastern District of California had occasion to consider the...more

Protesting IDIQ Orders Under $10 Million? Here Are Your Options

by Perkins Coie on

Imagine that your company is a contract holder under a U.S. Army multiple award, indefinite-delivery, indefinite-quantity (IDIQ) contract. The Army issues a request for proposal for a firm, fixed-priced task order, and your...more

New West Virginia Case Finds an Injury at Work Not a Result of Employment

Morton v. West Virginia Office of Ins. Com’r, 2013 WL 5508553, -- S.E.2d ---- (Oct. 4, 2013) (per curiam). Affirming Workers’ Compensation Board of Review’s denial of compensability. In Morton, the claimant injured her...more

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