“Manifest disregard of the law” is no longer a valid basis to challenge arbitration awards, at least not in the federal courts of Texas, Mississippi and Louisiana. Rather, according to the Fifth Circuit’s decision in U.S....more
5/6/2025
/ Appeals ,
Arbitration ,
Arbitration Awards ,
Business Litigation ,
Construction Disputes ,
Construction Industry ,
Construction Litigation ,
Contract Disputes ,
Contractors ,
Federal Arbitration Act ,
Subcontractors ,
Texas
A California appeals court has upheld a $5 million award in favor of Whiting-Turner Contracting Company and against the owner of a 12-story, Virgin-brand hotel in San Francisco. Whiting-Turner agreed to construct the hotel...more
A federal court in upstate New York is permitting a subcontractor’s delay claim to proceed notwithstanding a “no damages for delay” provision in the subcontract. The case, The Pike Company, Inc. v. Tri-Krete, Ltd., involves...more
A federal judge in Louisiana has dished out some harsh criticism of contractors who don’t reduce their contracts to writing. The case involves the decommissioning of 26 orphaned oil and gas wells near Baton Rouge. The...more
3/21/2025
/ Arbitration ,
Breach of Contract ,
Construction Contracts ,
Construction Industry ,
Construction Litigation ,
Contract Disputes ,
Contract Terms ,
Dispute Resolution ,
Evidence ,
Litigation Strategies ,
Oil & Gas
A federal judge in New York served up a good reminder last week about the importance of dotting your i’s and crossing your t’s when it comes to perfecting a mechanic’s lien. The case involves a payment dispute between a...more
Not according to a decision from a federal court in Ohio. The case involves a landscaping project at a hillside home in Cincinnati. The property overlooks the Ohio River, but like many projects that become cases, it ended up...more
The Washington Court of Appeals recently affirmed a jury verdict and $30 million judgment for general contractor Skanska. The case involves the construction of the 41-story Nexus condominium tower in downtown Seattle. As is...more
2/5/2025
/ Appeals ,
Attorney's Fees ,
Breach of Contract ,
Construction Contracts ,
Construction Industry ,
Construction Litigation ,
Contract Disputes ,
Contract Terms ,
Evidence ,
General Contractors ,
Jury Trial ,
Litigation Strategies
As construction claim lawyers, we are always on the lookout for insurance policies or “bonds” that might satisfy our client’s claim. On federal projects, this includes performance and payment bonds known as Miller Act bonds....more
1/27/2025
/ Appeals ,
Bonds ,
Construction Contracts ,
Construction Industry ,
Construction Litigation ,
Contract Disputes ,
Federal Contractors ,
Insurance Claims ,
Insurance Industry ,
Risk Management ,
Subcontractors ,
Surety Bonds
Here at Bradley we frequently represent clients pursuing or opposing claims for lost productivity on construction jobs. The gist of those claims is that something happened which decreased productivity and thereby increased...more
12/27/2024
/ Construction Contracts ,
Construction Industry ,
Construction Litigation ,
Construction Project ,
Contract Disputes ,
Contract Terms ,
Damages ,
Delays ,
Federal Rules of Evidence ,
Lost Productivity ,
Rule of Evidence 702
An Illinois federal court ruled in favor of steel subcontractor Nucor in its contract dispute with Direct Steel. The project involved the construction of pre-engineering metal buildings for the Army Corps of Engineers. The...more
12/9/2024
/ Attorney's Fees ,
Construction Disputes ,
Construction Industry ,
Construction Litigation ,
Construction Project ,
Contract Disputes ,
Damages ,
Delays ,
Evidence ,
General Contractors ,
Subcontractors ,
Summary Judgment ,
US Army Corps of Engineers
It’s that time of year again when we Americans stop and give thanks for all that has been provided to us by gathering with friends and family to gorge ourselves on food. The traditional Thanksgiving meal, at least where I am...more
An Idaho court has confirmed an arbitration award for a general contractor who left a project and did not return after being told by the owner to “get the f*** off my site.” The case involves the construction of five...more
The Federal Court of Claims recently ruled in favor of the operator of the Vermont Yankee nuclear power plant in its long-running dispute with the United States over the disposal of spent nuclear fuel (NorthStar Vermont...more
In an unpublished opinion, a California appeals court has upheld a subcontractor’s mechanics lien claim despite the subcontractor’s failure to strictly follow the procedural requirements set forth in the mechanics lien...more
5/9/2024
/ Construction Contracts ,
Construction Industry ,
Construction Litigation ,
Construction Project ,
Contract Disputes ,
Contract Terms ,
Foreclosure ,
Lenders ,
Liens ,
Mechanics Lien ,
Subcontractors
A Texas court has rejected a pipeline contractor’s $25 million claim for additional costs based on broad release language include in an executed change order (see Wood Group, USA v. Targa NGL Pipeline Company, LLC, No....more
A federal court in Louisiana last week refused to enforce a limitation of liability provision included in an extra work order holding that it was trumped by the parties’ subcontract (see Planet Construction v. Gemini...more