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Breach of Contract › Payment Terms

BCLP

Payment Notices Under the Construction Act 1996, a Welcome Clarification

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In Placefirst Construction Ltd v Car Construction (North East) Ltd [2025] EWHC 100 (TCC), the Technology and Construction Court has shed welcome light on the payment notice requirements of the Housing Grants, Construction and...more

Mayer Brown

Legal Developments in Construction Law: February 2025

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1. COURT UNTANGLES CONSTRUCTION ACT PAYMENT NOTICE PUZZLES - A subcontract dispute required the court to rule on the validity of a payment notice, and a payless notice, under a JCT 2016 design and build subcontract, with...more

Smith Debnam Narron Drake Saintsing & Myers,...

Understanding the Basics of a Construction Contract

Smith Debnam Narron Drake Saintsing & Myers,... on

Construction contracts are essential in the construction industry, governing the relationships and responsibilities of all parties involved in a project. Whether you’re a contractor, subcontractor, or property owner,...more

BCLP

Absolute Payment Obligations, Frustration & Stay of Execution - Latest Developments

BCLP on

In a decision handed down at the end of April, the Commercial Court, in Wilmington Trust SP Services (Dublin) Ltd and others v Spicejet Ltd [2021], has provided guidance on the English law doctrines of illegality and...more

Buchalter

That’s A Goocher: SD Court Finds Enforceable Construction Contract Despite Lack of Time Component

Buchalter on

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

McGlinchey Stafford

The Bullet Point: An Ohio Commercial Law Bulletin: Do I Have An Enforceable Contract?

McGlinchey Stafford on

Contract Interpretation McCruter v. Travelers Home & Marine Ins. Co., 11th Dist. Lake No. 2019-L-167, 2021-Ohio-472- In this appeal, the Eleventh Appellate District affirmed in part and reversed in part the lower court’s...more

White & Case LLP

Construction contracts: who bears the risk of cost overruns?

White & Case LLP on

Construction contracts may be priced in a number of ways. For most contracts, even those which are "fixed price", there is usually scope for cost/price variability. Four cases from December 2020 highlight some of the...more

Troutman Pepper Locke

Level 10 Construction v. Sea World LLC: Can Force Majeure Save Sea World?

Troutman Pepper Locke on

On June 8, 2020, Level 10 Construction, LP (“Level 10”), a construction company hired by Sea World San Diego (“Sea World”), filed a Complaint in California federal court alleging that Sea World is withholding over $3.2...more

Troutman Pepper Locke

Ohio Federal Court Declines to Dismiss Action Against the Officer of a General Contractor Who Allegedly Submitted False...

Troutman Pepper Locke on

Decker Constr. Co. v. Wesex Corp., No. 2:18-cv-727, 2019 BL 232653 (S.D. Ohio June 24, 2019) - In Decker Construction Co. v. Wesex Corporation, the United States District Court for the Southern District of Ohio declined to...more

Bricker Graydon LLP

When are damages based on unjust enrichment appropriate?

Bricker Graydon LLP on

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

Lewitt Hackman

FRANCHISEE 101: Offer Too Little Too Late

Lewitt Hackman on

A Florida federal district court found that a doughnut franchisee's failure to pay royalties and other fees constituted a material breach of contract justifying termination, even though the franchisee expressed a willingness...more

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