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Breach of Contract › Litigation Strategies › Construction Contracts

Bradley Arant Boult Cummings LLP

Don’t Be a Junkyard Dog: Put Your Agreements in Writing!

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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

Adams & Reese

South Carolina Ruling Has Major Implications on Indemnity Provisions and Collateral Estoppel

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South Carolina contractors need to be aware of a recent decision by the South Carolina Court of Appeals that clarifies the landscape for indemnity provisions in contracts and introduces critical consideration regarding the...more

Snell & Wilmer

Lessons from the Idaho Supreme Court Decision in Moyer v. Doug Lasher Construction and Statute of Limitations Considerations

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The Idaho Supreme Court recently issued its decision in Moyer v. Doug Lasher Construction, Inc., clarifying several critical issues in construction law and the application of the statute of limitations on summary judgment....more

Bradley Arant Boult Cummings LLP

General Contractor Defeats Owner’s Notice Argument and Prevails in Seattle Condo Dispute

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The Washington Court of Appeals recently affirmed a jury verdict and $30 million judgment for general contractor Skanska. The case involves the construction of the 41-story Nexus condominium tower in downtown Seattle. As is...more

Stark & Stark

Does Filing a Construction Lien Guarantee Payment?

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I am often approached by contractors who wish to file a construction lien regarding either a residential or a commercial project. It is not atypical for many of these contractors to believe that filing a lien claim will...more

Shutts & Bowen LLP

Recent Florida Court Decision Provides Important Lesson on Construction Defect Damages

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The recent Florida appellate case of Bandklayder Development, LLC v. Sabga provides an important lesson regarding damages for construction defects – that damages for construction defects must be proven based on costs of...more

Warner Norcross + Judd

Contractors Beware: Licensure Foot-faults Could Make Your Construction Contract Unenforceable

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Under the Michigan Occupational Code, residential building, maintenance and alteration contractors must be licensed to perform certain types of work. The Michigan Supreme Court held in Stokes v. Millen Roofing, 649 N.W.2d 371...more

MG+M The Law Firm

Massachusetts Supreme Judicial Court to Address the Application of the Statute of Repose to Contractual Indemnification Claims

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An issue of great importance to all construction project parties, including design professionals and contractors, is pending before the Massachusetts Supreme Judicial Court (SJC). In the matter of Trustees of Boston...more

Bricker Graydon LLP

When are damages based on unjust enrichment appropriate?

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Ohio courts have long been in agreement that “[i]t is clearly the law in Ohio that an equitable action in quasi-contract for unjust enrichment will not lie when the subject matter of that claim is covered by an express...more

Carlton Fields

Appeal it All! Guarding Against Multiple, Independent Grounds

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You’ve identified a killer issue for appeal, no doubt a winner. Congratulations! You still lose. How can that be? In Novum Structures, LLC v. Choate Construction Company, Inc., 698 Fed. Appx. 608 (11th Cir. 2017), the...more

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