For construction lawyers, the Battle of the Forms presents a familiar fact pattern. A material supplier/seller provides a potential buyer with a price quote along with its standard terms. The buyer, usually a contractor or...more
5/30/2025
/ Breach of Contract ,
Buyers ,
Commercial Litigation ,
Construction Contracts ,
Construction Disputes ,
Construction Industry ,
Contract Disputes ,
Contract Interpretation ,
Contract Terms ,
Dispute Resolution ,
Sellers ,
Subcontractors ,
Uniform Commercial Code (UCC)
Court Affirms $1 Nominal Damage Award in Wind Farm Construction Dispute
The general contractor on the 60-turbine wind farm project in Good Hope, Illinois, is entitled to collect a whopping $1 on its cost-to-complete claim...more
5/23/2025
/ Appeals ,
Breach of Contract ,
Construction Contracts ,
Construction Industry ,
Construction Litigation ,
Contract Disputes ,
Damages ,
Dispute Resolution ,
General Contractors ,
Subcontractors ,
Summary Judgment
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
Last week, the 11th Circuit Court of Appeals confirmed an international arbitration award in a case involving a failed hydroelectric project in Guatemala. The project involved an Engineering, Procurement, and Construction...more
Last week we saw the Menard court reject the use of an indemnity clause to shift fees in a dispute between contracting parties. This week, a very recent decision from Nevada highlights another creative way to shift fees where...more