On November 6, 2020, the Kentucky Court of Appeals affirmed a trial court’s decision dismissing a contractor’s differing site conditions claim on a sewer replacement project. In TSI Construction, Inc. v. Louisville and...more
Recently, in Cross v. L-M Asphalt Partners, Ltd., the Kentucky Court of Appeals upheld a contractor’s immunity from suit for negligence, where the contractor complied with the contract and construction specifications provided...more
11/17/2020
/ Appeals ,
Appellate Courts ,
Construction Industry ,
Construction Project ,
Contract Terms ,
Contractors ,
Federal Contractors ,
Immunity ,
Negligence ,
Strict Compliance ,
Summary Judgment
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
On August 4, 2020, the Court of Appeals of Texas (First District) reversed a trial court’s denial of an engineering firm’s motion to dismiss finding that the plaintiff’s failure to attach the required certificate of merit...more
8/12/2020
/ Affidavits ,
Appeals ,
Construction Industry ,
Construction Project ,
Construction Site ,
Dismissal With Prejudice ,
Filing Requirements ,
General Contractors ,
Motion to Dismiss ,
Property Owners ,
Statute of Limitations
One of the challenges of renewable energy development is managing the permitting process. Understanding how to navigate state and local laws can be integral to a developer’s permitting success, especially where a community...more
On June 24, 2020, in Sayers Constr., LLC v. Timberline Constr., Inc., et al., a Florida District Court of Appeal affirmed a trial court’s denial of a contractor’s motion to dismiss. The contractor moved to dismiss for lack of...more
7/29/2020
/ American Arbitration Association ,
Appeals ,
Arbitration ,
Arbitration Awards ,
Attorney's Fees ,
Construction Contracts ,
Construction Industry ,
Contractors ,
Dispute Resolution ,
Personal Jurisdiction ,
Subcontractors
Liens represent one of the primary mechanisms by which contractors, subcontractors, and other downstream parties secure payment rights under a construction contract. When utilized properly, filing a lien may induce an owner...more
The Miller Act protects subcontractors from nonpayment on federal projects by requiring prime contractors to issue payment bonds. To obtain relief under the Miller Act, a subcontractor must (1) give the prime contractor...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
The U.S. Court of Appeals for the Federal Circuit, in U.S. Army Corps of Engineers v. John C. Grimberg Co., Inc., recently reversed an Armed Services Board of Contract Appeals (ASBCA) decision that a federal contractor was...more
Once parties agree to arbitrate, courts generally defer to the arbitrator’s judgment regarding resolution of a dispute. The prevailing approach in many states is to not set aside an arbitration award unless the arbitrator...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
Like many states, Minnesota requires subcontractors and suppliers to send pre-lien notices to owners to perfect mechanic’s lien rights. Failure to comply with the pre-lien notice statute can prove fatal to a lien enforcement...more
6/26/2020
/ Appeals ,
Construction Industry ,
Contract Terms ,
Contractors ,
Dismissals ,
Enforcement Actions ,
Failure to Comply ,
Homeowners ,
Mechanics Lien ,
Notice Requirements ,
Subcontractors ,
Summary Judgment ,
Suppliers
Whether an arbitration agreement is enforceable is a frequently litigated matter in construction disputes. Federal policy strongly favors arbitration. Typically, the Federal Arbitration Act (FAA) will preempt any contrary...more
On May 29, 2020, in Constr. Drilling, Inc. v. Engineers Constr., Inc., the Vermont Supreme Court upheld a trial court’s judgment in favor of general contractor on an extra work payment dispute. The Supreme Court agreed with...more
On May 19, 2020, the Federal Circuit upheld summary judgment against a government contractor for failure to file a claim timely within the six-year time limit prescribed by the Contract Disputes Act (CDA). In Electric Boat...more
On May 15, 2020, in Geo-technology Associates Inc. v. Capital Station Dover, LLC, the Delaware Supreme Court dismissed an action to enforce a mechanic’s lien because the geotechnical and construction observation services...more
On May 14, 2020, in James G. Davis Constr. Corp. v. FTJ, Inc., the Virginia Supreme Court upheld a judgment on an unjust enrichment claim in favor of FTJ, a drywall supplier on a condominium project, against Davis, the...more
Like most states, Florida follows the rule that an insurer’s duty to defend is separate from and broader than its duty to indemnify for a potentially covered occurrence. Last week, in South Winds Construction Corp. v....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
Construction claims often feature supporting testimony from design and/or scheduling experts, and exclusion of that testimony either by disqualification of the expert or a finding that the testimony is otherwise inadmissible...more
Employers long have been required to record and report work-related injuries and illnesses to OSHA. A new question in the pandemic environment is whether you have to record an employee who tests positive for COVID-19...more
On April 10, 2020, the Occupational Safety & Health Administration (OSHA) issued interim guidance for the enforcement of employer reporting requirements arising from COVID-19 illnesses that will remain in effect during the...more
In March, a Massachusetts federal court addressed whether a design-builder contractor could recover for breach of contract under an intended third-party beneficiary theory against a design firm hired by the project owner to...more
An Illinois appellate court recently addressed the scope of negligence liability for a slip and fall injury on a newly installed roof at the Chicago White Sox Stadium. In 2013, a maintenance employee slipped on the roof at...more
3/22/2019
/ Appeals ,
Construction Defects ,
Construction Industry ,
Construction Project ,
Contractors ,
Duty of Care ,
General Contractors ,
Manufacturers ,
Negligence ,
Reversal ,
Risk Mitigation ,
Summary Judgment