The West Virginia Supreme Court of Appeals recently reversed, in part, and affirmed, in part, a lower court decision regarding dismissal of contractual indemnity and implied indemnity claims. WW Consultants was the design...more
10/24/2023
/ Appeals ,
Breach of Contract ,
Construction Contracts ,
Construction Defects ,
Construction Industry ,
Construction Litigation ,
Contractors ,
Design Defects ,
Indemnity Claim ,
Negligence ,
State and Local Government ,
VA Supreme Court
On complex construction projects, there may be multiple contractors, subcontractors, vendors, suppliers, and sub-subcontractors working along side one another. With various entities working parallel there are substantial...more
n Mid-Century Insurance Co., v. HIVE Construction, Inc., a Colorado court of appeals recently reversed the decision of a lower court that had refused to apply the economic loss rule to a negligence claim alleging wanton or...more
On October 15, 2020, in EMTA Insaat Taahhut ve Ticaret A.S. v. Cosmopolitan Incorporated, a federal district court held that the federal Prompt Pay Act (PPA) (31 U.S.C. §§ 3901, et al.) does not create a private right of...more
In Somerset Fine Home Building, Inc. v. Simplex Industries, Inc., the Appellate Division of the Second Department in New York upheld a dismissal based on the plaintiff’s breach of the parties’ forum selection clause. Somerset...more
In most jurisdictions, a party may be excused from any future performance under a contract by the prior material breach of the other party. A “prior material breach” is typically defined as conduct that deprives the injured...more
On May 5, 2020, the Georgia Court of Appeals affirmed a trial court summary judgment ruling dismissing a residential contractor’s claims against an owner because the contractor was not properly licensed. In LFR Investments,...more
On January 25, 2019, a Florida appellate court certified the following question to the Florida Supreme Court...more
In Recurrent Energy Development Holdings, LLC v. SunEnergy1, LLC, a North Carolina Superior Court addressed a dispute between two solar developers arising out of a letter of intent/exclusivity agreement. Under the agreement,...more
7/13/2018
/ Breach of Contract ,
Cross Motions ,
Development Agreements ,
Energy Projects ,
Energy Sector ,
Good Faith ,
Investment ,
Motion for Summary Judgment ,
Refunds ,
Solar Energy ,
Tax Equity
On March 9, 2018, the Georgia Court of Appeals reaffirmed the applicability of Georgia’s contractor licensing requirements (Ga. Code, Title 43, Ch. 41) to residential and general contractors. In Baja Properties, LLC v....more
Late last year, a federal trial court in New York awarded a solar development company $11.6 million in damages against Suffolk County arising out of a dispute on a multi-site carport solar construction project. The basis for...more
10/18/2017
/ Breach of Contract ,
Building Permits ,
Commercial Leases ,
Construction Industry ,
Construction Project ,
Contract Terms ,
Covenant of Good Faith and Fair Dealing ,
Damages ,
Energy Sector ,
Parking Lots ,
Renewable Energy ,
Solar Energy ,
State and Local Government
Which party first breached a contract often plays a determinative role in assessing entitlement for damages in a contract dispute. This theory is often referred to as the First or Material Breach Doctrine....more