In BCD Associates., LLC v. Crown Bank, CA No. N15c-11-062 (Super. Ct. Del, May 2, 2022), the trial court found that when a bank pays a contractor directly, it can create a legally binding relationship subject to the terms of...more
7/11/2022
/ Breach of Contract ,
Construction Contracts ,
Construction Loans ,
Construction Project ,
Contract Disputes ,
Contract Terms ,
Financial Services Industry ,
Loan Agreements ,
Misrepresentation ,
Promissory Estoppel ,
Real Estate Market ,
Renovations ,
Third-Party Beneficiaries ,
Unjust Enrichment
In WDF, Inc. v. City of New York, No. 652478 (N.Y. Sup.) (Mar. 12, 2021), the contractor filed suit to recover damages from the City on numerous combined waste water treatment projects. The contractor claimed that the City...more
3/19/2021
/ Breach of Contract ,
Construction Contracts ,
Construction Disputes ,
Construction Litigation ,
Construction Project ,
Contract Terms ,
Damages ,
Delay Claims ,
Discovery ,
Document Productions ,
Document Retention Policies ,
Public Projects
What’s a goocher? If you saw the movie, Stand By Me, then you know exactly what I mean. And there are times when parties to a construction contract face a goocher. ...more
3/17/2021
/ Breach of Contract ,
Construction Contracts ,
Construction Disputes ,
Construction Litigation ,
Construction Project ,
Contract Disputes ,
Contract Terms ,
Payment Terms ,
Performance Standards ,
Real Estate Development ,
SD Supreme Court ,
Statutory Interpretation ,
Time Restrictions ,
Timely Project Completion ,
Unenforceable Contract Terms
It happens all the time! The owner-contractor agreement contains a “no damages for delay” clause; a clause requiring that all changes be in writing before work is performed; and a clause requiring partial lien waivers and...more
9/25/2020
/ Breach of Contract ,
Construction Contracts ,
Construction Disputes ,
Construction Litigation ,
Construction Project ,
Contract Terms ,
Delay Claims ,
Failure To Pay ,
No Damage For Delay ,
Real Estate Development ,
Waivers
While having nothing to do with Disney nor being a dad, there is a new law in Florida that went into effect on July 1, 2017 that governs the limitations period for actions other than to recover real property. ...more
No self-respecting Ninja goes into battle without a plan, right? You need to know your environment, your opponent and the rules of the battle. For you Ninja contractors, it’s a good thing to fully understand your potential...more