News & Analysis as of

Appeals › Subcontracts › Construction Contracts

Bradley Arant Boult Cummings LLP

Proportional Fault Indemnification Provisions Held Enforceable in Alabama

Bradley Arant Boult Cummings LLP on

The Alabama Supreme Court found that an indemnification provision was enforceable that required a subcontractor to indemnify a general contractor on a proportional-fault basis against liability for death or personal injury. ...more

Spilman Thomas & Battle, PLLC

Subcontracting Lessons on Indemnity Provisions, Consistency of Contract Terms and Estoppel From the SC Court of Appeals

Spilman Thomas & Battle, PLLC on

The Retreat at Charleston National Country Club Home Owners Ass’n, Inc. v. Winston Carlyle Charleston National, LLC, S.C. App. Case No. 2021-001050, Opinion No. 6099 (Feb. 12, 2025) Key Takeaways: Case Summary (for those of...more

Snell & Wilmer

Hogs Can Get Slaughtered on Fees in Utah if Their Claim is Too Greedy

Snell & Wilmer on

Construction contracts generally provide that the loser in a construction dispute must pay the attorneys’ fees of the prevailing party. But construction contracts, by their nature, can lead to outcomes in which it is hard to...more

Bradley Arant Boult Cummings LLP

Miller Act Suit Stayed until CDA Remedies Exhausted

Bradley Arant Boult Cummings LLP on

A federal district court in Washington recently rejected a subcontractor’s motion for reconsideration of a previously granted motion to stay in a Miller Act lawsuit (the Miller Act governs prime contractor bond requirements...more

Troutman Pepper Locke

Alaska’s Supreme Court Holds That Executing a Settlement Agreement Releases Parties from Contractual Obligation to Arbitrate...

Troutman Pepper Locke on

SMJ Gen. Constr., Inc. v. Jet Commer. Constr., LLC, No. S-16785/16985, 2019 BL 131640 (Alaska Apr. 12, 2019) - In 2016, Jet Commercial Construction, LLC (“Jet”) entered into a subcontract with SMJ General Construction,...more

Bradley Arant Boult Cummings LLP

Casting the First Stone: Contractors Considering Default Termination Should Examine Which Party Committed First Material Breach -...

Bradley Arant Boult Cummings LLP on

During a construction project, circumstances may arise that lead a general contractor to consider termination of a subcontractor’s right to proceed under the subcontract. The Randy Kinder Excavating v. J.A. Manning...more

Jones Day

Australia: Adjudicators’ Security of Payment Determinations Not Reviewable for Errors of Law

Jones Day on

The Situation: The High Court of Australia has, for the first time, confirmed that determinations by adjudicators appointed under security of payment legislation are not reviewable for errors of law alone. The Result: The...more

Snell & Wilmer

Under Construction - June 2015

Snell & Wilmer on

Letter from the Editor - Welcome to the summer edition of our Under Construction newsletter. In this issue, we highlight several hot topic items affecting the construction industry such as what happens when the...more

8 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide