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White and Williams LLP

Top Developments: 2025 - Issue 2

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Bob Robison Com. Flooring Inc. v. RLI Ins. Co., 2025 U.S. App. LEXIS 6369 (8th Cir., Mar. 19, 2025) - Eighth Circuit, predicting Arkansas law, concludes that an ensuing loss exception to a “Defects, Errors, Or Omissions”...more

Mayer Brown

Ask Not for Whom the Bell (Didn’t) Toll: Landlord’s Possession Claim Under Redevelopment Ground (F) Did Not Chime With the County...

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INTRODUCTION - A county court case - Spirit Pub Company v Pridewell Properties - has provided an interesting illustration as to how courts are looking at applications under the Landlord & Tenant Act 1954 (the “Act”).   It...more

BCLP

Does Without Prejudice Privilege Apply to Reports Prepared by Third Parties?

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The without prejudice (“WP”) rule generally prevents statements made in a genuine attempt to settle an existing dispute from being put before the court as evidence. Usually, these statements are made in communications between...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Stormwater Enforcement: Mississippi Commission on Environmental Quality and Tupelo Construction Project Owner Enter into Agreed...

The Mississippi Commission on Environmental Quality (“MCEQ”) and JS, LLC (“JS”) entered into a February 19th Agreed Order (“AO”) addressing alleged violations of a Construction Stormwater General Permit. See Order No. 7459...more

Nelson Mullins Riley & Scarborough LLP

Avoiding Contract Conflicts: Five Key AIA Provisions to Align with Lease Agreements

This article continues a series offering practical guidance to developers, owners, and project teams on how to proactively harmonize American Institute of Architects (AIA) construction documents with the broader contractual...more

Jackson Walker

Understanding “Action Over” Claims and Third-Party Over Indemnity

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An “action over” (also called a “third-party over action”) is a type of legal action (lawsuit or arbitration) in which an injured employee, after collecting workers’ compensation benefits from his employer, files a tort claim...more

Porter Hedges LLP

How do you solve a problem like a tariff? Understanding and addressing tariff risks in construction contracts.

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Since February 2025, numerous tariffs affecting the construction industry have been announced, imposed, and paused. These tariffs present a problem for parties drafting and negotiating construction contracts—namely how to...more

MG+M The Law Firm

Florida Appeals Court Clarifies Timing for Damages in a Breach of a Construction Contract

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In the case of Bandklayder Dev., LLC v. Sabga, No. 3D23-1906, 2025 WL 15275 (Fla. Dist. Ct. App. Jan. 2, 2025), a Florida Appeals Court followed established Florida precedent holding that damages for a breach of construction...more

Conn Kavanaugh

Insurance Considerations for Construction Projects

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“Acme General Contracting, LLC: Licensed and insured!” If you’ve ever retained a home-improvement contractor, you’ve almost certainly received enthusiastic assurances that he or she is “licensed and insured.” But what...more

PilieroMazza PLLC

Top 10 Killer Construction Contract Clauses, Part 1: No Damages for Delay

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Those familiar with the construction industry know that construction projects are seldom, if ever, completed within the time originally anticipated at the project’s outset. Fortunately, prime contractors and lower-tier...more

Frantz Ward LLP

Examining the Impact of Anti-DEI Executive Orders on Anti-Bias Clauses

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Over the past few years, there’s been a steady rise in the inclusion of anti-bias clauses in construction contracts with the clauses appearing either in the base subcontract agreement or as a flow-down provision from the...more

BCLP

Reminder of the Principles of Assignment

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In this Insight, Katharine Tulloch takes a look at the case of Grove Construction (London) Limited v Bagshot Manor Limited [2025] EWHC 591 (TCC) which provides a welcome reminder of the care which should be taken when...more

Nelson Mullins Riley & Scarborough LLP

Avoiding Contract Conflicts: 5 Key AIA Provisions to Align with Loan Documents

When negotiating construction contracts, attorneys often focus on the American Institute of Architects (AIA) A201-2017 General Conditions, a widely used standard in the industry. However, construction loan agreements, drafted...more

Bradley Arant Boult Cummings LLP

Mistake No. 10 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Not Treating Your Arbitrator Like Santa

I have practiced law for 40 years with the vast majority as a “construction” lawyer. I have seen great… and bad… construction lawyering, both when representing a party and when serving over 300 times as a mediator or...more

Lasher Holzapfel Sperry & Ebberson PLLC

Navigating Technical Terminology in Residential Construction Contracts

Residential construction contracts will often contain technical terms or jargon that leave many homeowners with uncertainty. Homeowners should be cautious of implicitly agreeing to language they do not understand when...more

Stoel Rives LLP

Bricks And Bots: AI Technologies’ Growing Impact On Construction

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Seemingly everywhere you look, there are stories about how the increased adoption and use of artificial intelligence (AI) technologies is changing the way industries operate. The construction industry is no exception, and...more

Cohen Seglias Pallas Greenhall & Furman PC

[Webinar] From Violation to Deposition: The Legal Aftermath of an OSHA Incident - May 6th, 12:00 pm - 1:00 pm ET

For Construction Safety Week 2025, join Cohen Seglias and Signature Safety for a timely webinar that examines what happens when a jobsite safety incident leads to an OSHA violation—and ultimately, a deposition. In this...more

Downey Brand LLP

Dismantling BRIC, Brick By Brick

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Several years ago, many of us were stunned to learn how much funding would run through FEMA’s BRIC program (Building Resilient Infrastructure and Communities). Traditionally, significant money only ran through the U.S. Army...more

White and Williams LLP

In Texas, a Certificate of Merit Must Address the Conduct of Each Defendant Specifically  

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In Ryan Eng’g, Inc. v. Mond Homeowners Ass’n, Inc., No. 14-23-00960-CV, 2025 Tex. App. LEXIS 1681, the Court of Appeals of Texas (Court of Appeals) affirmed a trial court ruling denying the Motion to Dismiss of defendant Ryan...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Stormwater Enforcement: Mississippi Commission on Environmental Quality and Ridgeland Property Owner Enter into Agreed Order

The Mississippi Commission on Environmental Quality (“MCEQ”) and CPJ, LLC (“CPJ”) entered into a March 24th Agreed Order (“AO”) addressing alleged violations of a stormwater permit. See Order No. 7468 25....more

Bradley Arant Boult Cummings LLP

Court Affirms $1.6B Judgment in Bahamas Mega Project Dispute

A New York appeals court has affirmed a $1.6 billion award for the developer of a Bahamas mega project against various subsidiaries of China State Construction Engineering Corporation, the world’s largest construction company...more

Beveridge & Diamond PC

EPA Proposes Updated General Clean Water Act Industrial and Construction Permits (Updated)

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Key Takeaways - What Happened? The U.S. Environmental Protection Agency (EPA) proposed the 2026 version of the National Pollutant Discharge Elimination System (NPDES) MSGP for stormwater discharges associated with...more

Hanson Bridgett

Taking Responsibility: Who’s At Fault? Lorenzo Court Says Everyone

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A recent court ruling raises questions and concerns over the scope of liability owners and contractors may face when a subcontractor's employee is involved in an off-site accident during the course of construction. ...more

Carlton Fields

Eighth Circuit Finds No Coverage Under “Ensuing Loss” Provision Under Arkansas Law

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“Ensuing loss” provisions have long been the subject of nuanced arguments in insurance litigation. The provisions, which sometimes afford coverage for a “covered loss” stemming from an expressly excluded peril, serve as...more

Pillsbury - Gravel2Gavel Construction & Real...

Real Estate & Construction News Roundup (4/16/25) – Multifamily Construction Opportunities, a Tariff Timeout for Commercial...

In our latest roundup, REITs ramp up development, U.S. water infrastructure funding plateaus, Giant’s mixed-use development raises questions, and more!...more

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