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Construction Contracts General Contractors Construction Litigation

Bradley Arant Boult Cummings LLP

Court Separates Facts from Fiction – Lack of Supporting Project Documents Dooms Contractor

A recent decision from the U.S. District Court for the Southern District of Florida demonstrates how facts supported by documents generated during the project can be vital to prime contractor/subcontractor disputes. In...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Law Insights, Issue 8, August 2024

Welcome to our eighth issue of 2024 for our construction industry insights e-newsletter - The Site Report. Atlantech Decision Enforces Important Lessons About Avoiding Double-Payment Jeopardy in North Carolina...more

Bricker Graydon LLP

[Hybrid Event] 22nd Annual Top Gun Construction Claims Seminar - October 24th, Dublin, OH

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Bricker Graydon's construction attorneys are proud to present "Top Gun," our premier Midwest construction claims seminar. This seminar will cover: - Important construction concepts, including key contract language, best...more

Spilman Thomas & Battle, PLLC

Residential Contractor Boot Camp

Residential construction is difficult. Margins and schedules are tight. The demands by homeowners can be oppressive. And in the end, owners have to deal with every possible issue on their own. Then, if anything goes wrong,...more

Goldberg Segalla

Labor Law Update - Spring 2024

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The plaintiff, a diesel technician, was lying beneath a lifted trailer working on a faulty airbrake system when the trailer fell on him, causing catastrophic injuries. The Court of Appeals affirmed the lower court’s dismissal...more

Spilman Thomas & Battle, PLLC

Clarifying Mechanics’ Lien Law

A mechanics’ lien is a powerful remedy that provides a contractor with a priority lien on a property and a fast means of being made whole if payment is not rendered at the completion of a job. In order to successfully obtain...more

Bradley Arant Boult Cummings LLP

The Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Mistake No. 1: Not Realizing It’s All About the Facts

I have practiced law for 40 years, with the vast majority spent as a “construction lawyer.” I have seen great… and bad… construction lawyering, both when on the other side of a dispute, as well as when serving well over 300...more

Bradley Arant Boult Cummings LLP

The Risk of Fighting on Two Fronts: Court Admits Evidence of General Contractor’s Claims Against Other Parties

The court in AECOM v. Flatiron is back at it issuing additional evidentiary rulings as the parties head to trial later this month. These latest rulings highlight the risk of seeking the same damages from multiple parties,...more

Carr Maloney P.C.

“Pay-if-paid” and “Pay-when-paid” Clauses in Maryland and the District of Columbia

Carr Maloney P.C. on

General Contractors may seek to condition payments to Subcontractors by using “pay-if-paid” or “pay-when-paid” clauses in their contracts. Typically, as the name suggests, pay-when-paid provisions concern the timing of...more

Bradley Arant Boult Cummings LLP

Contractor’s Refusal to Sign Broad Lien Waiver Does Not Defeat Mechanics Lien

Recently, the Oregon Court of Appeals reinstated a contractor’s mechanics lien claim notwithstanding the owner’s offer of payment because the offer was conditioned on the contractor signing a broad lien waiver that would have...more

Bradley Arant Boult Cummings LLP

How to Deal with Retainage on Alabama Public Projects

Retainage can be tricky in Alabama, particularly on public projects. In this post, we address retainage on public projects for public owners in the state (e.g., a governmental board, commission, agency, body, authority,...more

A&O Shearman

The New KSA Civil Code: Construction Contracts

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In our first two articles in this series, we introduced the new Civil Transactions Law of the Kingdom of Saudi Arabia (referred to as the “KSA Civil Code”) and provided analysis of its key provisions relevant to forming...more

Bradley Arant Boult Cummings LLP

Court Rejects Contractor’s Claim That COVID-19 Rendered Performance Impossible

A fundamental premise of contract law is that promises must be kept. If legally enforceable promises or “contracts” are not kept, courts may step in to enforce them by ordering performance, awarding damages, or granting some...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Law Insights - Issue 9, September 2023

Why Preconstruction has Stolen the Project Spotlight - “Clients are asking for more communication, too, with owners requesting to meet the preconstruction and estimating and management teams before a project begins.” ...more

Bricker Graydon LLP

[Hybrid Event] 21st Annual Top Gun Construction Claims Seminar - October 19th, Dublin, OH

Bricker Graydon LLP on

Bricker Graydon's construction attorneys are proud to present "Top Gun," our premier Midwest construction claims seminar. This seminar will cover: - Important construction concepts, including key contract language, best...more

Bradley Arant Boult Cummings LLP

Liquidated Damages Disproportionate to Actual Damages Deemed Unenforceable

Construction contacts often include provisions that provide for pre-determined or “liquidated” damages in the event of a breach. Such provisions can provide certainty to the parties as to the consequences of a breach and can...more

Bradley Arant Boult Cummings LLP

Limitation of Liability in Extra Work Order Trumped by Subcontract

A federal court in Louisiana last week refused to enforce a limitation of liability provision included in an extra work order holding that it was trumped by the parties’ subcontract (see Planet Construction v. Gemini...more

Stoel Rives -  Ahead of Schedule

Can Artificial Intelligence Be Trusted to Draft a Construction Contract?

If you ask one of the leading artificial intelligence (AI) chatbots, ChatGPT, if you should rely on it to draft a construction contract, it responds that it is “highly recommended to hire a construction attorney rather than...more

McNees Wallace & Nurick LLC

Preparing for Your 2023 Construction Project Pipeline: Streamline Your Contract Management

With spring upon us, the construction industry is buzzing. As your company looks at upcoming construction projects in the pipeline, now is a great time to consider optimizing processes for efficient and effective contract...more

Shumaker, Loop & Kendrick, LLP

Florida Enacts Statute of Repose Reform Bill for Design and Construction Defects

On April 13, 2023, Governor Ron DeSantis signed into law SB 360 (Chapter 2023-22, Laws of Florida), which shortens the time period for bringing design and construction defect claims, clarifies the application of these time...more

American Conference Institute (ACI)

[Event] 7th Annual Conference on Managing Risk in Construction Contracts & Projects – Eastern Canada Edition - February 23rd -...

Hosted by CI, the 7th Annual Conference on Managing Risk in Construction Contracts & Projects – Eastern Canada Edition returns to Toronto for another exciting year with curated programming that addresses the most critical...more

American Conference Institute (ACI)

[Event] Managing Risk in Construction Contracts & Projects – Eastern Canada Edition - February 23rd - 24th, Toronto, ON, Canada

Reconnect with your peers and key stakeholders from construction companies, public sector, and infrastructure! The Canadian Institute’s 7th Annual Conference on Managing Risk in Construction Contracts & Projects – Eastern...more

American Conference Institute (ACI)

[Event] Managing Risk in Construction Contracts & Projects – Western Canada Edition - January 25th - 26th, Edmonton, Canada

The Canadian Institute’s 15th Annual Conference on Managing Risk in Construction Contracts & Projects, Western Canada Edition is returning to Edmonton on January 25-26, 2023. This two-day conference is specifically...more

Saiber LLC

The Saiber Construction Law Column: November/December 2022

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In July 2022, the Supreme Court of New Jersey issued an opinion, Crystal Point Condominium Association, Inc. v. Kinsale Insurance Co., which considered whether (1) a condominium association that had obtained default judgments...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Law Insights, Issue 9, 2022

Biden-⁠Harris Administration Announces New Buy Clean Actions to Ensure American Manufacturing Leads in the 21st Century - "The Initiative ensures that federal financing and purchasing power are creating good-paying jobs,...more

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