News & Analysis as of

Construction Disputes

Federal Court In Mississippi Holds That Although Projects Were Constructed With Federal Funds, They Were Not “A Public Work Of The...

by Pepper Hamilton LLP on

United States ex rel. Metro Mech., Inc. v. Triangle Constr. Co., 2018 U.S. Dist. LEXIS 1487 (S.D. Miss. Jan. 4, 2018) - Triangle Construction Company, Inc. (“Triangle”) contracted with Mississippi Portfolio Partners III,...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

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

“Paid in Full” Wives’ Tale True? When Endorsing A Check, Yes Ma’am!

by Burr & Forman on

Long before I was an attorney, I heard this tale that if you endorsed a check that had the words “PAID IN FULL” written on the check, then you were accepting the check as full payment of what was owed. But I had never really...more

Construction E-Note - December 2017

by Burr & Forman on

In 1997, the American Institute of Architects (“AIA”) started updating the A201 every ten years. The AIA has now introduced a 2017 version of the A201 and other contract documents, including the A100 series. In this alert,...more

Georgia Court Of Appeals Holds That Sovereign Immunity Shields County From Contractor’s Claims Based Upon Unwritten Change Orders

by Pepper Hamilton LLP on

Fulton County v. Soco Contracting Company, Inc., 2017 Ga. App. LEXIS 568 (Ga. Ct. App., November 15, 2017) - Fulton County contracted with SOCO Construction Company (“SOCO”) to build a cultural center near the Fulton...more

JAMS Global Construction Solutions Newsletter, Winter 2017

by JAMS on

A Tale of Two ADR Provisions - 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...more

Willamette Falls Riverwalk Moving Forward Despite Adversity

by Tonkon Torp LLP on

Willamette Falls, between Oregon City and West Linn, is the second-largest waterfall in the U.S. by volume. Home of the nation's first hydroelectric project in 1888, the falls have largely been cut off from public view since...more

Federal Court Holds That, Under Louisiana Law, a Contractor Need Not Show a Total Work Stoppage to Recover Extended Home Office...

by Pepper Hamilton LLP on

Team Contrs., L.L.C. v. Waypoint NOLA, L.L.C., No. 16-1131, 2017 U.S. Dist. LEXIS 162172 (E.D. La. Oct. 2, 2017) - Waypoint NOLA (“Waypoint”) was the owner of a hotel construction project in New Orleans (the “Project”). ...more

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

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