News & Analysis as of

Construction Contracts

Active Interference Wins Skee Ball Points and Precludes Enforcement of A “No Damages for Delay” Clause

by Burr & Forman on

In construction contracts, “active interference” is a recognized exception to the enforcement of what is known as a “no damages for delay” clause. This type of provision seeks to preclude any increased costs associated with...more

Ohio Court of Claims upholds necessity of contractors to provide owners with notice of claims

by Bricker & Eckler LLP on

In Accurate Electric Construction, Inc. v. The Ohio State University, Case No. 2014-00961, 2017-Ohio-1132 (Feb. 15, 2017), the Court of Claims of Ohio held that where a construction contract contains a valid notice provision,...more

Subcontractor Wages: Closing the Loopholes

by Snell & Wilmer on

This year California ushered in a new law effective January 1, 2018 for private works construction contracts, California’s Labor Code section 218.7. The law applies to all direct contractors who make or take the contract in...more

Massachusetts Governmental Agency May Terminate Contract for Cost Savings

Termination for convenience clauses are common in construction contracts with governmental entities and provide the government with disproportionate power over whether a contractor will be able to fully perform its contract. ...more

It’s All a Matter of [Statutory] Construction: Supreme Court Narrowly Interprets the Good Faith Dispute Exception to Prompt...

On May 14, 2018, the California Supreme Court issued its opinion in United Riggers & Erectors, Inc. v. Coast Iron & Steel Co., No. S231549, slip. op. (Cal. Sup. Ct. May 14, 2018). In it, the Court narrowly construed the “good...more

Keep It Simple Stupid: Remembering The Basics In A Construction Defect Indemnity Case To Minimize Surprises Down The Road

There is an old saying: familiarity breeds contempt. Admittedly, residential construction defect cases can be repetitive. Originally published in FDCC Insights - December, 2017....more

How Important Is That Little Green Card? Pretty Darn Important Says One Court.

by Burr & Forman on

We live in a world of e-mails, IMs, texts, Snapchats, Instagrams and the occasional fax. Although information is transmitted instantaneously in today’s environment, proof of receipt of that information (often called...more

If You Want To Avoid Prejudgment Interest You Have To Expressly Say So In The Contract, Merely Striking The Interest Provision...

by Pepper Hamilton LLP on

G&G Mech. Constructors, Inc. v. Jeff City Indus., Inc., No. WD80840, 2018 Mo. App. LEXIS 271 (Mar. 20, 2018). This case arose out of a project in Columbia, Missouri on which Jeff City Industry, Inc. (“JCI”) was the...more

Construction in Brief 2018 Volume 1

One Year Later: An Update on the PA Construction Notices Directory - In what seems like the blink of an eye, 2017 is already gone. One of the biggest changes to the Pennsylvania construction industry is now over a year...more

Construction contracts: who bears the risk of obtaining statutory approvals?

by White & Case LLP on

In Clin v Walter Lilly & Co Ltd [2018] EWCA Civ 490, the English Court of Appeal held that, in the absence of express provisions, a term should be implied into an amended JCT contract to require the Employer to use "all due...more

2 Dispute Resolution Choices For Construction Contracts

by JAMS on

It was the best of provisions; it was the worst of provisions, crafted by the wise and well-meaning alike. For years, construction documentation has been primarily sourced from the American Institute of Architects. The AIA...more

Evidence That Government Internally Considered Additional Modifications After the Parties Had Signed Earlier Modifications May...

by Pepper Hamilton LLP on

Meridian Eng’g Co. v. United States, 2018 U.S. App. LEXIS 7024 (Fed. Cir., Mar. 20, 2018) - Meridian Engineering Company (“Meridian”) was hired by the United States (“Government”) to construct flood control structures on...more

An Orchestra, the DC Beltway, and Acts of God: Why Your Contracts Need a Force Majeure Clause

Eagerly, I purchased tickets for a Baltimore Symphony Orchestra (BSO) concert several months in advance, carefully selecting seats to provide an optimal view of the violinist on stage. Israeli violinist Pinchas Zuckerman was...more

Top AIA A201 construction contract changes: a handy cheat-sheet

by Melissa Dewey Brumback on

Friday, I wrote an article for Chris Hill’s Virginia-based blog, Construction Law Musings, summarizing the Top 10 Changes to the AIA A201, that I discussed in depth over the past few weeks here on this blog....more

OFCCP Follows Up Town Hall Meetings with Release of Action Plan

Based on feedback obtained at a series of town hall meetings to listen to the concerns of Government contractors, OFCCP has now issued an action plan for improved performance. As a result of town hall meetings, OFCCP has...more

Court Applies Abstention Doctrine to Dismiss Petition to Confirm Arbitration Award

The abstention doctrine allows a federal district court to stay or dismiss a case properly before it for reasons of "wise judicial administration." The US District Court for the District of Rhode Island recently applied this...more

Adjudication Review, Spring 2018

by Dentons on

Our latest adjudication review considers recent cases dealing with the adjudication timetable and extensions of time, the problems that arise when adjudicating parties are relying on an oral contract and declaratory relief...more

Restoring fairness to the process: another episode in the smash and grab adjudication saga

by Dentons on

In his final case in the Technology and Construction Court (TCC) before taking up his new position as a Court of Appeal judge, Coulson J has tipped the balance away from contractors in smash and grab adjudications....more

When can I terminate a construction contract?

by DLA Piper on

Court cases about NZS:3910 contracts are rare. Termination cases on NZS:3910 contracts are rarer still. In March this year the Court of Appeal released an important judgment about termination rights under a NZS:3910 contract...more

How to maximise the use of experts in arbitration proceedings - The LCIA have reviewed how experts' wide-ranging disciplines are...

by Dentons on

Construction claims very often involve a high proportion of technical issues. Expert evidence can be crucial to the success or failure of a claim and it should go without saying that the appointment of an appropriate expert...more

UK construction contracts and procurement round-up

by Dentons on

Our round-up of news relating to contract issues and the standard form contracts commonly used in the construction industry....more

"Aldous Bill" sets out proposed new legislation to protect retentions

by Dentons on

Aftershocks following Carillion's insolvency continue to affect the construction industry with many businesses suffering financial difficulties in the aftermath. The collapse has laid bare the industry's problematic practices...more

Can a Contingent Payment Provision Affect a Construction Lien Claim in Washington?

During Seattle’s current construction boom, general contractors and subcontractors may be concentrating more on finalizing work on their projects than on worrying about the niceties of their construction contract documents....more

Focus on Military Readiness Means More Construction Work on Military Bases: Are Contractors Ready to Compete and Perform?

by Ward and Smith, P.A. on

The United States military is the most powerful warfighting force in world history. But Secretary of Defense Jim Mattis made a stark observation in the 2017 National Defense Strategy: Without sustained and predictable...more

Rebuilding Texas: Competitive Sealed Proposals and Job Order Contracting

Texas public procurement statutes allow for several alternative delivery methods on public projects. This article explains how Texas public procurement statutes regulate Competitive Sealed Proposals and Job Order Contracting...more

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