News & Analysis as of

Construction Disputes

Contractors, Know Your Contracts!

by Cole Schotz on

Last week, New Jersey’s Appellate Division re-affirmed the principle that a court must strictly apply the terms of a construction contract when determining a dispute between contracting parties. Where the contract terms...more

Energy Newsletter - November 2017

by King & Spalding on

Choice of Law in Host Government Agreements - Choice of law stands as the second “pillar” of contract stabilization, together with stabilization clauses and international arbitration. In fact, choice of law provisions...more

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

Six Reasons Alternative Dispute Resolution May Be Right for Your Next Construction Project

by Faegre Baker Daniels on

For over a century, the United States construction industry has promoted the use of non-judicial dispute resolution methods. These alternative dispute resolution (ADR) methods enable construction entities to handle disputes...more

Disputing a Final Certificate: Does the Contractor Still Need to Pay?

by Jones Day on

The Situation: Most construction contracts, including AS4000 and AS2124, stipulate that a final certificate is issued following completion of the work, stating the final amount payable between the parties. The Development:...more

Bankruptcy Court Holds That “Economic Waste” Doctrine, As Adopted In Wisconsin, Prevented Owner From Recovering Costs To Repair...

by Pepper Hamilton LLP on

WTE-S&S AG Enters., LLC v. GHD, Inc., 2017 Bankr. LEXIS 2343 (Bankr. N. D. Ill. August 18, 2017) - This breach of contract dispute arises out of a contract to design and build a cow-manure digester on a farm in Wisconsin. ...more

With most businesses back after Harvey & Irma, what to know about what comes next: legal restoration

by Hellmuth & Johnson PLLC on

This blog post is the first in a three part series. The next posts will cover Business Interruption Coverage and Reinsurance. Business owners affected by hurricanes Harvey and Irma spent the first few days and weeks...more

U.S. Court Of Claims Denies Contractor’s “Superior Knowledge” Claim Against Owner Despite Owner’s Withholding Of Reports That...

by Pepper Hamilton LLP on

RDA Constr. Corp. v. United States, No. 11-555 C, 2017 U.S. Claims LEXIS 875 (Fed. Cl. July 27, 2017) - This case arises out of a public construction project at the Newport Naval Station. The Naval Facilities Engineering...more

Appeal of an Attorney Disqualification Order Results in Partial Automatic Stay of Trial Court Proceedings

In URS Corporation v. Atkinson/Walsh Joint Venture (No. G055271 filed September 26, 2017), Division Three of the Fourth Appellate District dealt with, for the first time, the question of whether an appeal of an attorney...more

The Consequences of Failing to Exhaust Administrative Remedies Prior To Filing Suit - Construction and Procurement Law News, Q3...

The Fourth Circuit Court of Appeals, the federal appeals court covering Maryland, Virginia, West Virginia, North Carolina, and South Carolina, affirmed the trial court’s decision to dismiss a contractor’s breach of contract...more

My Roof, My Rules: Arbitrators May Determine Their Own Jurisdiction When the Parties Delegate that Authority

An issue that repeatedly comes up in construction disputes is the scope of an arbitration agreement. Courts generally interpret agreements to arbitrate broadly, and, where the arbitrability of a specific claim has been at...more

Burr Alert: Procedure for Perfecting a Mechanic’s Lien Claim in Alabama

by Burr & Forman on

Introduction A mechanic’s lien is a construction lien placed on real property which arises in favor of parties who furnish labor or material that is incorporated into the construction of a building or other improvement to...more

Pacing in Construction Scheduling Disputes

by Snell & Wilmer on

On a high level, construction delay litigation involves sorting out the impacts to the critical project path and determining which party is responsible for those impacts. One of the more difficult elements of this process is...more

Tokyo Dispute Resolution and Crisis Management Newsletter - September 2017

by King & Spalding on

Construction Disputes Update: Risk Allocation and the Availability of NonContractual Claims - The fact pattern is all too common in complex commercial construction cases. Following extensive negotiations, an owner and a...more

Probability and non-probability sampling: innovative tools of truncating evidence in complex construction disputes

by Dentons on

Probability sampling is a well-established technique used to reduce the costs in lengthy and complex construction disputes. Properly applied, it is a truly innovative tool of truncating evidence in construction disputes. But,...more

The Ten Most Widely Used Alternative Dispute Resolution Methods

by Faegre Baker Daniels on

Over the past two decades, arbitration has lost some of its luster as the best method to resolve construction industry disputes. The perceived “judicialization” of arbitration is at the heart of the industry’s recent...more

JAMS Global Construction Solutions Newsletter, Summer 2017

by JAMS on

Expedited Construction Adjudication: A Better Process for Resolution of Performance Bond Disputes - For the sake of the parties and the construction project, it would be ideal if major contested construction disputes,...more

Subcontractor Sidesteps Application of No Damages for Delay Clause - Construction and Procurement Law News, Q2 2017

A typical “limitation of liability” clause in many construction contracts is a “no damages for delay” (NDFD) clause, which provides that if, through no fault of the contractor or subcontractor, the project is delayed, the...more

Limitations on Contract Damages: The ‘Betterment' Argument

by Faegre Baker Daniels on

A fundamental purpose of contract damages is to place a non-breaching party in the same position that it would have been in had its contract not been breached. Accordingly, remediation “enhancements” that give the...more

Thinking Beyond the Dispute Resolution Provision in Construction Disputes

by King & Spalding on

When parties cannot resolve a claim during a major construction project, the contract’s dispute resolution provisions do not always need to read as step-by-step instructions. To the contrary, the situation may warrant a...more

Energy Newsletter - June 2017

by King & Spalding on

Mineral and Royalty Interest MLPs: An Alternative Exit For PE-Backed Mineral and Royalty Interest Cos. - Oil and gas exploration companies no longer have to go door-to-door, or ranch-to-ranch, to negotiate oil and gas...more

Compensation events under NEC3: Prospective vs Retrospective Assessment

by White & Case LLP on

The NEC3 suite of contracts contemplates compensation events being assessed at around the time they occur or are instructed, based on the forecasted impact of the event.But if the actual cost or delay arising from an event is...more

When does a disagreement become a dispute?

by Hogan Lovells on

Large construction projects provide significant scope for disputes of various types to arise between contractors and employers. An essential aspect to resolving the parties' disagreements, both in the course of executing the...more

DIFC Courts propose specialist Technology and Construction Division

by White & Case LLP on

DIFC Courts seek public consultation for proposed specialist Technology and Construction Division. The DIFC Courts are an important forum for dispute resolution in the Gulf and wider Middle East region. However,...more

Ensuring an expert is independent and other issues

by Dentons on

There have been several judgments in the first few months of 2017 that are worth considering in relation to the impartiality and independence of an expert, as well as the duties of experts....more

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