News & Analysis as of

Construction Litigation

Pepper Hamilton LLP

New York Appellate Division Holds That Contractor’s Assertion That No Payments Were Due to Subcontractor Until a Separate...

by Pepper Hamilton LLP on

AWI Sec. & Investigations, Inc. v. Whitestone Constr. Corp., 2018 N.Y. App. Div. LEXIS 5867 (August 23, 2018) - A subcontractor, AWI Security and Investigations, Inc. (“AWI”), sued a general contractor, Whitestone...more

Pepper Hamilton LLP

General Contractor’s Unjustified Threats To Assess Delay Damages Against Subcontractor Are A Material Breach Of Contract

by Pepper Hamilton LLP on

Randy Kinder Excavating, Inc. v. JA Manning Constr. Co. 2018 U.S. App. LEXIS 21878 (8th Cir. Aug. 7, 2018) - This dispute arose from a contract to build a pumping station in Arkansas (the “Project”). In June of 2010, the...more

Carlton Fields

Fourth DCA Rules Chapter 558 Notice of Defect Can Constitute Commencement of Action Giving Plaintiffs More Time to File Suit

by Carlton Fields on

On September 12, the Fourth District Court of Appeal ruled that a Chapter 558 notice of defect can be considered the “commencement” of a construction defect action. Robert Grindel, et al. v. Centex Homes, et al., 2018 WL...more

Pepper Hamilton LLP

Federal Court in Pennsylvania Holds Pay-If-Paid Clause Unenforceable Where Prime Contractor’s Inadvertent Delays Contribute to the...

by Pepper Hamilton LLP on

Connelly Constr. Corp. v. Travelers Cas. & Surety Co. of Am., 2018 U.S. Dist. LEXIS 123009 (E.D. Pa. July 24, 2018). The Commonwealth of Pennsylvania Department of General Services undertook a project for the construction...more

Pepper Hamilton LLP

Claimant Is Not Required To Conduct An Investigation Into The Veracity Of The Representation To Prove Justifiable Reliance When...

by Pepper Hamilton LLP on

Fisk Elec. Co. v. DQSI, L.L.C., 2018 U.S. App. LEXIS 17914 (5th Cir., June 29, 2018) - DQSI, L.L.C., (“DQSI”) a general contractor, was hired by the Army Corps of Engineers (“Corps”) for a pump station construction...more

Hogan Lovells

How to draft for concurrent delay wherever your projects are

by Hogan Lovells on

A new English Court of Appeal decision shows how to allocate concurrent delay risk successfully. Our worldwide construction team helps your drafting reflect this growing tendency for courts and arbitrators globally to prefer...more

Ward and Smith, P.A.

Construction Arbitration: The Pros and Cons

by Ward and Smith, P.A. on

It's an unfortunate fact that many construction projects end in disputes, driving the parties into some form of dispute resolution. Many of these construction disputes are resolved through arbitration, which is a process...more

Pepper Hamilton LLP

Contractor Has No Duty To Indemnify Gas Company For Settlement Paid To Injured Employee Under Florida’s Underground Facility And...

by Pepper Hamilton LLP on

Peoples Gas Sys. v. Posen Constr., Inc., 2018 U.S. Dist. LEXIS 106427 (M.D. Fla. June 26, 2018) - In 2009 Posen Construction, Inc. (“Posen”), a road construction contractor, entered into a general contractor agreement with...more

Pepper Hamilton LLP

Kentucky Court of Appeals Draws a Distinction Between Substantive and Procedural Questions of Arbitrability, and Explains the...

by Pepper Hamilton LLP on

Ambac Assur. Corp v. Knox Hills LLC, 2018 Ky. App. Lexis 188 (June 15, 2018) - This case involves a February 1, 2007 design/build agreement governing the rights of the several parties involved with a military housing...more

Bracewell LLP

Does the Prevention doctrine thwart contractually allocated Concurrent Delay risk? The English Court of Appeal says not

by Bracewell LLP on

Energy sector participants will be familiar with the law of physics that states energy is neither created nor destroyed but can be converted from one form into another. Fossil fuels in the ground contain chemical energy and...more

Pepper Hamilton LLP

Ohio Court of Appeals Rules That Architect’s Authority Does Not Extend to Advancing Payments to Subcontractors, and Architect’s...

by Pepper Hamilton LLP on

Manley Architecture Grp., LLC, v. Santanello, 2018 Ohio App. LEXIS 2372 (June 7, 2018) - Dr. Steven A. Santanello (“Santanello”) contracted with Manley Architecture Group, LLC (“MAG”) to design and manage the construction...more

Stinson Leonard Street

Recent Developments in Minnesota Construction Law

by Stinson Leonard Street on

Rulings by the Minnesota Supreme Court and bills passed by the state legislature continue to shift the legal framework of construction practice in the state of Minnesota. Outlined below is a review of some of these new...more

Pepper Hamilton LLP

Massachusetts Supreme Court Declares That State Contract Principles, Not Federal Precedent, Govern The Interpretation Of...

by Pepper Hamilton LLP on

A.L. Prime Energy Consultant, Inc. v. Mass. Bay Transport Auth., 479 Mass. 419 (May 2, 2018) - In a case of first impression, the Massachusetts Supreme Court held that general contract principles, and not federal case law,...more

Stinson Leonard Street - Arbitration Nation

No Arbitration Because Ricky Martin Is a Singer, Not a Signer

Today’s reminder: the general rule is that an arbitration agreement can only be enforced by the parties to that agreement. And how better to timely bring that lesson to life than with an international pop star and a World...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Construction and Capital Expenditures: Don't Ignore the Greatest Risk Affecting Your Project

Like most construction lawyers, my time is divided between contract reviews, disputes, and regulatory matters. Although I primarily provide counsel on construction contracts, litigating design and construction matters is a...more

Gray Reed & McGraw

Establishing Personal Liability Without a Guaranty

by Gray Reed & McGraw on

When non-payment occurs, suppliers and service providers often first seek relief by suing for breach of contract. Unfortunately, many companies are undercapitalized or otherwise “judgment proof.” A personal guaranty might...more

Wilson Elser

New Jersey's Highest Court Scrutinizes Statutes of Limitation and the Discovery Rule in Construction Defect Cases

by Wilson Elser on

The typical construction defect case presents an up-front analytical challenge: the defense attorney is presented with boxes of project materials, perhaps an extensive case history and prior discovery, and likely an unhappy...more

Pepper Hamilton LLP

Federal Court in California Holds That Subcontractor May Proceed With Claim for Delay Damages, Despite No-Damage-For-Delay Clause,...

by Pepper Hamilton LLP on

Rai Indus. Fabricators, LLC v. Fed. Ins. Co., 2018 U.S. Dist. LEXIS 74612 (N.D. Cal., May 2, 2018) - Sauer Incorporated (“Sauer”) contracted with the U.S. Army to design and construct the Operational Readiness Training...more

Pepper Hamilton LLP

Subcontract Provision Requiring Subcontractor To Pass Through Its Claims Does Not Prevent The Subcontractor From Suing To Recover...

by Pepper Hamilton LLP on

Pinnacle Crushing & Constr. LLC v. Hartford Fire Ins. Co., 2018 U.S. Dist. LEXIS 67965 (W.D. Wa. Apr. 23, 2018) - The Army Corps of Engineers (the “Corps”), as owner, and Cherokee General Corporation (“CGC”), as prime...more

Pepper Hamilton LLP

Under Louisiana Payment Act, Once Contractor Meets Contractual Requirements for Final Payment, Public Entity Has a Duty to Issue...

by Pepper Hamilton LLP on

Woodrow Wilson Constr. LLC v. Orleans Par. Sch. Bd., 2018 La. App. LEXIS 762 (April 18, 2018) - The Orleans Parish School Board (“OPSB”) awarded a prime contract to Woodrow Wilson Construction (“WWC”) for the construction...more

Carlton Fields

2018 Florida Legislature Amends Construction Statute Of Limitations And Repose

by Carlton Fields on

The Florida Legislature has amended the construction statute of limitations and repose a second time in two years. Effective July 1, the amendments include (1) a provision addressing completion of the contract and final...more

Burr & Forman

“Was Not” versus “Is So”: Court Clarifies Whether Exceeding Monetary License Limit Affects Contractor’s Recovery

by Burr & Forman on

The rule relating to the effect of a contractor who exceeds its licensing limit is now clear based upon the decision in Clayton Pickens v. John R. Underwood (Tenn. Ct. App. June 12, 2018). In that case, the dispute was...more

Pepper Hamilton LLP

Federal Court in New Hampshire Holds That Subcontractor May Pursue a Mechanics’ Lien Despite Signing Written Lien Waivers and...

by Pepper Hamilton LLP on

Fraser Eng’g Co. v. IPS-Integrated Project Servs., LLC, 2018 US Dist. LEXIS 51392 (D.N.H. March 27, 2018) - IPS-Integrated Project Services, LLC (“IPS”) was the general contractor on a project to design and construct a...more

Pepper Hamilton LLP

The Completed and Accepted Doctrine: When the Majority Rule Becomes the Minority

by Pepper Hamilton LLP on

The “Completed and Accepted Rule,” or the “Completed and Accepted Doctrine,” is a judicially created doctrine that is said to have originated in the United States with the 1919 Connecticut case Howard v. Redden, in which a...more

Pepper Hamilton LLP

A Project Consisting of Several Component Projects Is a Single Project or “Product Purchased by the Owner” Within the Meaning of...

by Pepper Hamilton LLP on

City of Whiting v. Whitney, Bailey, Cox & Magnani, LLC, 2018 U.S. Dist. LEXIS 44943 (N.D. Ind. Mar. 20, 2018) - The City of Whiting, Indiana (the “City”) undertook a 26-acre lakefront development project. It hired an...more

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JD Supra Privacy Policy

Updated: May 25, 2018:

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Privacy Officer
JD Supra, LLC
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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

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