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
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
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
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
Construction law is largely a matter of contract law. Yes, there are federal and state statutes that deal with construction issues and, yes, construction cases sometimes involve tort claims, but more often than not,...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In an unpublished opinion, a California appeals court has upheld a subcontractor’s mechanics lien claim despite the subcontractor’s failure to strictly follow the procedural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
We previously blogged about the hotly contested dispute between AECOM and FlatIron involving the I-70 construction project outside of Denver. After an 18-day trial, the jury returned a verdict last month for plaintiff AECOM...more
Construction contacts often include provisions that provide for pre-determined or “liquidated” damages in the event of a breach. Such provisions can provide certainty to the parties as to the consequences of a breach and can...more
Every first year law student in the U.S. takes a course on the Law of Contracts. It’s a rite of passage where lawyers-to-be learn all about things like consideration and legally-enforceable promises. And as lawyers, we also...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