News & Analysis as of

Construction Contracts Appeals

In Dismissing Homebuyer’s Defective Construction Suit Against Contractor for Lack of Privity, Supreme Court of Utah Cautions...

by Pepper Hamilton LLP on

Tomlinson v. Douglas Knight Constr., Inc., 2017 Utah Lexis 132 (August 29, 2017) - This case arises out of the construction of a residential property. Lot 84 Deer Crossing (“Lot 84”) purchased the property and contracted...more

Michigan Court Of Appeals Holds That Contractor Who Failed To Timely Seek A Time Extension Is Barred From Contesting Liquidated...

by Pepper Hamilton LLP on

Abhe & Svboda, Inc. v. State of Michigan Department of Transportation, 2017 Mich. App. Lexis 1387 (August 29, 2017) - Contractor Abhe & Svboda, Inc. (“A&B”) entered into a contract with the Michigan Department of...more

Bound by your bargain

by Dentons on

During April 2015, the Court of Appeals (Civil Division) delivered its judgment in MT Hojgaard A/S v. E.ON Climate and Renewables UK Robin Rigg East Limited [2015] EWCA Civ 407....more

Is it wrong to confuse an arbitrator's failure to give reasons with the conduct of proceedings?

by Dentons on

Construction disputes in South Africa are typically subject to dispute resolution by arbitration. This is usually regulated by the Arbitration Act (the Act). Under the common law and section 28 of the Act, an arbitration...more

Singapore Court confirms limited scope for adjudication set aside

by White & Case LLP on

In Mataban Development Pte Ltd v Black Knight Warrior Pte Ltd, a respondent-owner failed to serve a valid payment response under the Building and Construction Industry Security of Payment Act ('SOP Act'). The adjudicator thus...more

No implied obligation to work with due diligence and expedition

by White & Case LLP on

The Singapore Court of Appeal has recently held that there was no implied term of due diligence and expedition in a construction contract. This case aligns the Singaporean approach with that of the English courts....more

Unlicensed Contractor Shoots for the Stars . . . Sputters on Takeoff

Elon Musk . . . Eccentric engineer. Technology billionaire. And, now, litigation bad ass. Frequent readers of the California Construction Law Blog know that we’ve talked about the importance of being properly...more

In Supreme Court Showdown, California Appeals Courts Choose Sides Regarding Whether Right to Repair Act is Exclusive Remedy for...

Earlier, we wrote about an appellate court split concerning the Right to Repair Act (Civil Code sections 895 et seq.) which applies to construction defects in newly constructed residential properties including single-family...more

Construction Defect – Right to Repair Act

by Low, Ball & Lynch on

Ann. E. Gillotti v. Eugene W. Stewart, et al. - Court of Appeal, Third Appellate District (April 26, 2017) - In Gillotti v. Stewart, the California Court of Appeals held that the Right to Repair Act, Civil Code § 895 (the...more

A reminder why certainty in contracts is so important

by Dentons on

In the recent New South Wales Court of Appeal decision Port Macquarie-Hasting Council v Diveva, the Court considered the contractual interpretation of a renewal clause. The clause was phrased in general terms and did not...more

Projects Disputes in Australia: Recent Cases

by Jones Day on

Since late last year, there have been several major decisions from Australia's highest courts on important issues for stakeholders in the construction, mining and infrastructure industries. Below, we provide a summary. Some...more

Ninth Circuit Upholds Owners Rights to Seek Contribution From Third Parties for ADA Violations

In a victory for owners of facilities covered by the Americans with Disabilities Act (ADA), the U.S. Court of Appeals for the Ninth Circuit has upheld a property owner’s right to seek contribution from third parties who fail...more

Contractor May Receive Indemnity Despite Alleged Active Negligence or Willful Misconduct

by Low, Ball & Lynch on

Oltmans Construction Co. v. Bayside Interiors, Inc. - Court of Appeal, First Appellate District, 10 Cal.App.5th 355 (March 30, 2017) - Civil Code § 2782.05 renders an indemnity provision in a contract void and...more

Under Construction - March 2017

by Snell & Wilmer on

Letter from the Editor - Welcome to the spring 2017 edition of our Under Construction newsletter. We hope 2017 is off to a good start for you and your company. An issue that seems to commonly come up in cost-plus...more

Construction Defect – Application of the Right to Repair Statute to Material Suppliers

by Low, Ball & Lynch on

The Right to Repair Statute in California requires a homeowner show a breach of contract or negligence to succeed. Acqua Vista Homeowners Association v. MWI, Inc. - California Court of Appeals, Fourth Appellate...more

Texas Court of Appeals Holds That Owner’s Change to Contractor’s Means and Methods Resulted in a “Breach,” Instead of a “Change”...

by Pepper Hamilton LLP on

Port of Houston Auth. of Harris Cnty. v. Zachry Constr. Corp., 2016 Tex. App. LEXIS 13306 (Tex. App. Houston 14th Dist. Dec. 15, 2016) - This contract dispute dates back to 2004, when the Port of Houston Authority...more

Significant Government Contract Litigation: A Year in Review

Last year provided a number of important claims and cases that further developed various aspects of litigation regarding the Contract Disputes Act (CDA). The major issues raised in some of the more notable claims include...more

Picerne Construction Corp. v. Castellino Villas (Feb. 18, 2016, C071197)

The Third District Court of Appeal recently held that completion under the mechanics lien statute requires actual completion of the work of improvement, meaning completion of the entire structure or scheme of improvement as a...more

Illinois Court Addresses Contractual "Pay-If-Paid" Provisions - Appellate Ruling: Strict Standard is Required for Forfeiture of...

by Holland & Knight LLP on

The Illinois First District Appellate Court recently addressed the longstanding principle in A.A. Conte Inc. v. Campbell-Lowrie-Lautermilch Corp., 132 Ill. App. 3d 325 (1st Dist. 1985), of barring payments by general...more

Court rejects contractor’s mechanic’s lien because of ‘intent’

by Thompson Coburn LLP on

The Illinois Court of Appeals’ recent decision in AUI Construction Group, LLC v. Vaessen highlights the need for careful planning in structuring development agreements, construction contracts, and the use of an easement as...more

Overpayments in Construction Projects: Getting Repaid (Or Not)

by White & Case LLP on

Construction and engineering contracts usually contemplate interim payments being made "on account", meaning that any overpayments or underpayments can be redressed in later payment claims, or in the final account. However,...more

Unpaid Subcontractors Beware

by Bennett Jones LLP on

Alberta Court of Appeal confirms no duty to disclose existence of labour and material bond unless asked - Labour and material payment bonds (L&M Bonds) serve an important purpose on a construction project by providing...more

Subcontractor Required to Strictly Comply with General Contractor’s Contractual Claim Provisions

by Farrell Fritz, P.C. on

In construction, incorporating a “prime contract” by reference into a subcontract is commonplace. Recently the Courts have broadly construed such “incorporation” provisions, often to the detriment of subcontractors....more

Limitations of Liability Clause Does Not Violate Ohio's Consumer Sales Practices Act

by Reminger Co., LPA on

Contractors often attempt to limit their liability by including a limitations of liability clause in the contract. Plaintiffs attempt to avoid the limitations of liability by asserting that the clause is unconscionable under...more

California Court Limits Recovery for General Contractors Relying on Subcontractor Bids

by Pepper Hamilton LLP on

The court’s decision allows subcontractors to place unforgiving terms in their bids and gives them an ultimate out if general contractors do not agree to those terms. General contractors should pay attention to a...more

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