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Breach of Contract › Contract Modification

Freiberger Haber LLP

Giving Two Contract Provisions Their Intended Meaning

Freiberger Haber LLP on

Under New York law, written agreements are construed in accordance with the parties’ intent. “The best evidence of what parties to a written agreement intend is what they say in their writing.” As such, “a written agreement...more

Davis Wright Tremaine LLP

Modifications to Contract Preclude Claim for Cardinal Change

Davis Wright Tremaine LLP on

The decision in Williams Building Company v. Department of State, CBCA 6650 (April 26, 2023) is another warning about the risk of executing a contract modification without an appropriate reservation of rights. Williams...more

Rivkin Radler LLP

Out-of-Staters Beware: An In-Person Contract Discussion May Subject You to Suit in New York

Rivkin Radler LLP on

Think before you book your next business trip to the Empire State. Perhaps that important contract discussion with your counterpart can be accomplished remotely. Although you may miss out on Long Island’s Gatsbyesque...more

Porter Hedges LLP

A Cautionary Tale For Contractors: Releases In Contract Modifications And Preservation Of Claims

Porter Hedges LLP on

The Houston First Court of Appeals of Texas recently affirmed a trial court’s decision wiping out a whopping $17 million claim brought by a contractor against an owner for acceleration costs, holding that the claim was barred...more

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