A Delaware trial court, applying New Jersey and Delaware law, recently ruled that a general contractor, despite not being a party to either a loan agreement or loan commitment, could successfully recover damages from a...more
A recent decision from the United States District Court for Massachusetts held a contractor and its owner personally liable for failing to pay a subcontractor and held that the contractor was liable for millions in damages to...more
A Texas appellate court recently ruled that an owner properly terminated its contract with a contractor, despite the owner’s failure to provide the contractor notice and an opportunity to cure. See TPG (Post Oak) Acquisition,...more
A recent Massachusetts trial court decision ruled that any objections to a payment application are waived unless a reviewing owner or contractor strictly follows the Massachusetts Prompt Payment Statute, Prompt Payment Act,...more
On June 29, 2020, the Michigan Supreme Court ruled that a subcontractor’s commercial general liability (CGL) insurance policy may provide a contractor listed as an additional insured on the CGL policy with insurance coverage...more
Jurisdictions Limiting Construction Work - Massachusetts: Construction generally is allowed in Massachusetts for all residential construction and certain “essential” commercial construction, including in the City of Boston,...more
On May 12, 2020, the United States Eight Circuit Court of Appeals, applying Missouri law, rejected a contractor’s contention that its commercial general liability (CGL) policy provided coverage for claims arising out of the...more
Jurisdictions Limiting Construction Work: Massachusetts: Construction generally is allowed in Massachusetts for all residential construction and certain “essential” commercial construction. However, certain cities and towns...more
This update tracks COVID-19 shutdown orders as of April 29, 2020, 12:00 p.m. EDT that affect construction projects in Delaware, the District of Columbia, Florida, Illinois, Massachusetts, Minnesota, New Jersey, New York and...more
A recent decision from the D.C. Circuit Court of Appeals provides notice to construction performance bond owners and sureties that a bond owner may forfeit its rights under a bond if timely notice of default is not provided...more
This update tracks COVID-19 shutdown orders as of April 16, 2020, 12:00 p.m. EDT that affect construction projects in Delaware, the District of Columbia, Florida, Illinois, Massachusetts, Minnesota, New Jersey, New York and...more
This update tracks COVID-19 shutdown orders as of April 2, 2020, 12:00 p.m. ET that affect construction projects in Delaware, the District of Columbia, Florida, Illinois, Massachusetts, Minnesota, New Jersey, New York and...more
This update tracks COVID-19 shutdown orders as of March 26, 2020, 12:00 p.m. EDT that affect construction projects in Delaware, the District of Columbia, Florida, Massachusetts, Minnesota, New Jersey, New York and...more
As the CDC issues guidelines progressively cautioning against attending activities with more than 1000, then 500, then 250, and now 50 people, it was only a matter of time before the coronavirus (COVID-19) impacted...more
From environmental risks and shifting OSHA regulations to community engagement and emerging workplace issues involving medical marijuana use, the construction industry faces many challenges. ...more
Owners of a Massachusetts waste collection, recycling and removal company recently were held personally liable for their failure to pay their employees at prevailing wages. See Donis v. American Waste Services, LLC, 95...more
Construction contracts often contain agreements requiring mediation before a party may file a lawsuit. However, a party may not want to wait through the mediation process and instead may prefer to go straight to a lawsuit....more
A recent Federal Court summary judgment decision provides a stark warning for contractors and owners to adequately secure their construction sites, or risk denial of insurance coverage. ...more
In late April we reported on a New Jersey Appellate Court decision holding that funds obtained from salvaged materials could be used to pay lien claimants. ...more
The United States Court of Appeals for the Eighth Circuit recently upheld an Eastern District of Arkansas decision (applying Missouri Law) ruling that a general contractor’s threats to a subcontractor constituted a material...more
Until last week, Contractors in Massachusetts only could succeed on a breach of contract claim if the contractor proved complete and strict performance of all contractual terms. Furthermore, a contractor only could recover...more
Construction owners often require their contractors to name the owner as an additional insured on the contractor’s insurance policy. But what happens when the owner requires the contractor to name the owner’s construction...more
Termination for convenience clauses are common in construction contracts with governmental entities and provide the government with disproportionate power over whether a contractor will be able to fully perform its contract. ...more
A recent decision from the Northern District of Ohio denied insurance coverage for claims involving construction delays, breach of contract, and property damage claims. See Maxum Indemnity Co. v. The Robbins Co., No. 1:17 CV...more
A recent Massachusetts Supreme Judicial Court decision held that condominium developers cannot create a condominium that “makes it extraordinarily difficult or even impossible for the trustees to initiate any litigation...more