News & Analysis as of

Construction Industry Construction Litigation

Stoel Rives LLP

Document Preservation, Collection and Production Obligations

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Whether a construction dispute is subject to arbitration or court litigation, the parties to the dispute will most likely engage in a process to exchange their project files, project-related emails, and a myriad of other...more

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

Bradley Arant Boult Cummings LLP

Designer Qualifies as Subcontractor Under Colorado Prompt Payment Act

The court in AECOM v. Flatiron was back at it last week with rulings on the parties’ post-trial motions. As you may recall, the case was tried to a jury earlier this year. The jury returned a verdict for AECOM in the amount...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

Miles Mediation & Arbitration

The Foundation of Your Case: Current Issues in Tennessee Construction Law

Construction law cases can involve a broad variety of issues, including breach of contract claims, construction delays, structural deficiencies/construction defect claims, environmental issues, and regulatory claims, among...more

Smith Debnam Narron Drake Saintsing & Myers,...

Five of the Most Common Construction Disputes that Require Construction Lawyers

Construction projects are often complex endeavors involving multiple parties, intricate contracts, and significant investments. Despite meticulous planning, disputes can arise, posing challenges that require legal expertise...more

A&O Shearman

Breach it and weep: deemed fulfilment ain’t fictional

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The Court of Appeal has held that a party who prevents a condition precedent to their obligation to pay from being met cannot rely on the unfulfilled condition to escape their liability in debt....more

Bradley Arant Boult Cummings LLP

Mistake No. 5 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Being a Jerk to Opposing Counsel

I have practiced law for 40 years with the vast majority as a “construction” lawyer. I have seen great… and bad… construction lawyering, both when representing a party and when serving over 300 times as a mediator or...more

Buckingham, Doolittle & Burroughs, LLC

Smart Business: Construction Contracts: How prevailing party clauses offer leverage to the little guy

A prevailing party clause is a contractual provision that requires the court or arbitrator to include the winning litigant’s attorneys’ fees and costs associated with the dispute as part of an award or judgment. In...more

Sheppard Mullin Richter & Hampton LLP

[Webinar] Construction Issues Impacting the Energy Industry - September 18th, 11:00 am - 12:00 pm PT

In the dynamic landscape of the renewable energy sector, understanding the intricacies of payment and performance bonds, mechanic’s liens, and dispute resolution may be pivotal to your project’s success. Join us for a...more

Sheppard Mullin Richter & Hampton LLP

[Webinar] Construction Issues Impacting the Energy Industry - July 24th, 11:00 am - 12:00 pm PT

In the dynamic landscape of the renewable energy sector, understanding the intricacies of payment and performance bonds, mechanic’s liens, and dispute resolution may be pivotal to your project’s success. Join us for a...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Industry Insights, Issue 6, June 2024

Welcome to our sixth issue of 2024 for our construction industry insights e-newsletter - The Site Report. During the summer months, our firm is pleased to host a talented group of law students, who get the opportunity...more

Spilman Thomas & Battle, PLLC

CASPA Clash: Major Victory for Contractor in Pipeline Project Dispute as Third Circuit upholds CASPA Penalties and Fees

In a significant decision on April 17, 2024, the U.S. Court of Appeals for the Third Circuit upheld significant penalties and attorney fees awarded to C.J. Hughes Construction Company, Inc. under the Pennsylvania Contractor...more

Bradley Arant Boult Cummings LLP

Mistake No. 4 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Not Knowing When to Fold ‘Em

I have practiced law for 40 years with the vast majority as a “construction” lawyer. I have seen great… and bad… construction lawyering, both when representing a party and when serving over 300 times as a mediator or...more

Saiber LLC

The Saiber Construction Law Column: May 2024

Saiber LLC on

New Jersey’s version of The Uniform Enforcement of Foreign Judgments Act (“UEFJA”) permits “any judgment, decree, or order of a court of the United States or of any other court which is entitled to full faith and credit” to...more

Snell & Wilmer

What’s the Key to Arizona Mechanics and Materialmen’s Liens? Timing!

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In the last edition of Under Construction, we offered a basic introduction to Arizona’s mechanics and materialmen’s liens. This time, we discuss the issues related to timing of such liens...more

Bennett Jones LLP

Protecting Privilege on Construction Projects

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Construction projects are often complex and involve many different parties and moving parts. This often necessitates a continued investigation of facts and assessment of legal rights and obligations to ensure that the owner...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

Snell & Wilmer

Texas Amends Prompt Pay Acts to Address “Excessive Change Orders”

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U.S. Supreme Court Justice Louis Brandeis famously referred to states as the “laboratories of democracy.” The Texas legislative process is an unusual laboratory compared to most states. The Texas Legislature only meets once...more

Barnea Jaffa Lande & Co.

Court Ruling Could Change the Status of Lump-Sum Contracts

The construction sector uses two main types of contracts.   The first type, called a “measurement contract,” is a contract whose underlying principle is accuracy. In this type of contract, the contractor’s consideration...more

Bradley Arant Boult Cummings LLP

Mechanics Lien Upheld Despite Lack of Notice to Senior Construction Lender

In an unpublished opinion, a California appeals court has upheld a subcontractor’s mechanics lien claim despite the subcontractor’s failure to strictly follow the procedural requirements set forth in the mechanics lien...more

Bradley Arant Boult Cummings LLP

Court Confirms Jury Verdict for AECOM in I-70 Construction Dispute with FlatIron

We previously blogged about the hotly contested dispute between AECOM and FlatIron involving the I-70 construction project outside of Denver. After an 18-day trial, the jury returned a verdict last month for plaintiff AECOM...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Industry Insights, Issue 4, April 2024

Welcome to our fourth issue of 2024 for our construction industry insights e-newsletter - The Site Report. In our Ask the Attorney segment at the bottom of this e-newsletter, we introduce you to Todd Biddle, Member in...more

Bradley Arant Boult Cummings LLP

Mistake No. 2 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Not Educating Clients on the Pros and Cons of...

I have practiced law for 40 years, with the vast majority of that time 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...more

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