News & Analysis as of

Construction Contracts

Mitigate Before you Litigate: Recovering Damages for Renovations Gone Wrong

by Field Law on

The Court will not always resolve a construction contract dispute against a contractor who clearly provided deficient work. If you have been wronged by a residential renovation that’s gone off the rails, or if you’re a...more

California Supreme Court Clarifies That “Right To Repair Act” Is Exclusive Remedy For Both Economic Loss And Property Damage...

by Pepper Hamilton LLP on

McMillin Albany LLC v. Superior Court, No. S229762, 2018 Cal. LEXIS 211 (Jan. 18, 2018) - Several homeowners (“Plaintiffs”) brought suit against developer/general contractor McMillin Albany LLC (“McMillin”) for alleged...more

[Webinar] Construction Financial Management Association New Jersey Chapter: AIA and ConsensusDoc Contracts - March 8th, 3:00pm ET

On March 8, Jason Copley and John Greenhall are presenting a webinar for the Construction Financial Management Association New Jersey Chapter on AIA and ConsensusDoc Contracts. This webinar will discuss the two primary...more

Real Estate and Construction Newsletter - February 2018

by Barley Snyder on

Pennsylvania Construction Contractors Under The Gun For Misclassifying Employees As Independent Contractors - Pennsylvania has been sending a strong message to contractors that it is enforcing a law penalizing contractors...more

Florida Construction Contracts: Significant Changes In The 2017 AIA Documents – The Standard Insurance Exhibit

by Fox Rothschild LLP on

Perhaps the most significant change to the A201-2017 is the inclusion of a comprehensive insurance exhibit. Prior to the inclusion of the insurance exhibit in the 2017 update, parties to an AIA construction contract would...more

Security of Payment Legislation

by Dentons on

The High Court of Australia in Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd [2018] HCA 4 has held that an adjudication determination under the Building and Construction Industry Security of Payment Act 1999...more

The High Court Weighs in on Adjudication Determinations - Errors of Law Are Not Reviewable

by K&L Gates LLP on

The High Court has unanimously confirmed in the decision of Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd [2018] HCA 4 (Probuild) that Courts do not have the power to review adjudication determinations made...more

Petrobras Court’s Denial of Plaintiffs’ Request for Confidential Treatment of Opt-Out Provisions Could Undermine the Settlement...

On Tuesday, February 6, 2018, United States District Judge Jed S. Rakoff denied class counsel’s request to file under seal three supplemental agreements to a $2.95 billion settlement in the Petrobras Securities Litigation,...more

Kuala Lumpur Regional Centre for Arbitration Rebrands as Asian International Arbitration Centre

by Jones Day on

The Kuala Lumpur Regional Centre for Arbitration ("KLRCA") has officially changed its name to the Asian International Arbitration Centre ("AIAC"). The name change was formally announced on February 7, 2018, during a signing...more

Protecting Contractors Subject to Chief Engineer Decision Clauses

by Pepper Hamilton LLP on

Most contractors have encountered a prime contract provision with a governmental agency or public authority owner where the contract states that all claims for extra costs, delay damages or the like must be presented to the...more

Florida Statutory Limitation on Indemnity Does Not Apply to Excavation Subcontract on Utility Line Project

Fla. Stat. § 725.06 limits the scope of indemnification provisions in construction contracts. Specifically, the statute limits the ability of an indemnitee (e.g., owner) to require an indemnitor (e.g., contractor) to...more

Understanding Limitations of Liability: Recent Alberta and Canadian Case Law

by Field Law on

Contractual liability limitations are a means of managing risk in construction contracts. Depending on the type of project, the type of possible damages, and the availability (or unavailability) of insurance, liability...more

Exercising the Right to Terminate – Why Your Default Notice Matters

by White & Case LLP on

The right to terminate a construction contract for reasons such as poor performance is a crucial contractual right. However, if exercising the right to terminate is not carried out in accordance with the contractual notice...more

Claim Of Fraudulent Inducement Of A Construction Contract Does Not Invalidate Arbitration Clause In That Same Contract

by Pepper Hamilton LLP on

Koudela v. Johnson & Johnson Custom Builders, LLC, 2017 Ohio App. Lexis 5800 (December 29, 2017) - In this case, Nicolas and Monica Koudela (the “Koudelas”) entered into a construction contract with “Johnson & Johnson...more

And the Winner Is . . . The Right to Repair Act!

Civil litigation attorneys often talk about “damages.” Because without damages . . . well . . . you’re out of luck....more

Direct Contractors In California Should Take Steps Now To Reduce Exposure For Unpaid Wages By Subcontractors

As of January 1, 2018, direct contractors in California who make or take a contract “for the erection, construction, alteration, or repair of a building, structure, or other private work” are jointly and severally liable with...more

Landfill Gas Collection System: Federal Appellate Court Addresses Competing Claims for Possession

The Seventh Circuit Court of Appeals addressed the priority of claims between the City of Peoria, Illinois, and Banco Panamericano, a secured creditor, regarding gas-to-energy conversion infrastructure left behind from a...more

Singapore’s Court of Appeal Clarifies Key Issues of Jurisdiction, Parties’ Obligations Under Payment Disputes Law

by Morgan Lewis on

The court’s recent decision in Audi Construction Pte Ltd v Kian Hiap Construction Pte Ltd addresses perennial issues surrounding the validity of contractual payment claims for the purposes of the Building and Construction...more

Mexico's Energy Industry Round 2.4: Mexico's Deep Water Success

On January 31, 2018, the Comisión Nacional de Hidrocarburos (“CNH”) completed the Presentation and Opening of Bid Proposals for the Fourth Tender of Round Two (“Round 2.4”), which was first announced on July 20, 2017. Round...more

Summary of Amendments to Construction Lien Act

by Dickinson Wright on

In December 2017, the Ontario Legislature passed the Construction Lien Amendment Act, 2017 (the "Act"). The Act introduces significant changes to Ontario’s construction lien regime and is intended to reduce delays in...more

Louisiana First Circuit Holds that Private Works Act Surety Cannot Raise Pay-if-Paid Defense

by Baker Donelson on

The Louisiana First Circuit recently held that a Private Works Act payment bond surety cannot raise a pay-if-paid provision in its principal's contract as a defense to a claim against the bond. Bear Industries, Inc. v....more

Kentucky Supreme Court Holds “Pay-if-Paid” Provision in Subcontract Is Valid and Enforceable, Shifting Risk to Subcontractor

by Pepper Hamilton LLP on

Superior Steel, Inv. v. Ascent at Roebling’s Bridge, LLC, 2017 Ky. LEXIS 511 (December 14, 2017) - Corporex Development and Construction Management, LLC (“Corporex”), a design builder, contracted with Dugan & Meyers...more

Disney Dad Reports About New Limitations Period for Construction Claims in Florida

by Burr & Forman on

While having nothing to do with Disney nor being a dad, there is a new law in Florida that went into effect on July 1, 2017 that governs the limitations period for actions other than to recover real property. ...more

Subcontractor Pass-Through Claims Are Vulnerable to the Severin Doctrine

Two recent decisions – one from the U.S. Civilian Board of Contract Appeals and the other from the U.S. Court of Federal Claims – provide opposing holdings on whether the government can raise a “Severin doctrine” defense to...more

Setting aside an SOP Act adjudication determination: The right of all parties to be heard

by Dentons on

The Building and Construction Industry Security of Payment Act (Cap 30B) (SOP Act) gives parties in Singapore a way to quickly resolve construction payment disputes on a “temporary finality” basis with the right to fully and...more

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