News & Analysis as of

Construction Project Contract Terms

Vinson & Elkins LLP

"Supreme Court Rules Most Collateral Warranties Are Not Construction Contracts" in Abbey Healthcare v Simply [2024] UKSC 23

Vinson & Elkins LLP on

On 9 July 2024, the Supreme Court unanimously held that collateral warranties deriving from or reflective of the primary building contract, and merely promising continued construction, are not generally considered agreements...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

Saul Ewing LLP

On Substantial Completion In Construction Contracts

Saul Ewing LLP on

“Substantial Completion” is a critical concept in construction contracts and one as to which parties often have contrary conceptions. Finding a definition of Substantial Completion acceptable to both the owner and the...more

Bricker Graydon LLP

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

BCLP

Abbey Healthcare - A Prompt for Considering Contractual Adjudication in Collateral Warranties?

BCLP on

An article considering the Supreme Court’s decision in Abbey Healthcare, which decided that a typically worded collateral warranty is not a construction contract for the purposes of the Housing Grants, Construction and...more

Smith Debnam Narron Drake Saintsing & Myers,...

Court of Appeals Confirms Partial Lien Waivers Do Not Waive Lien Rights

In a recent decision, the North Carolina Court of Appeals held that a general contractor’s execution of partial lien waivers did not prejudice a supplier’s lien rights on the construction project. The case is Atlantech...more

Bradley Arant Boult Cummings LLP

Alabama Lien Law 101

You did not get paid for your labor and material, so you ask, what can I do? Alabama’s lien law provides you an opportunity to place a lien on the property for certain unpaid amounts for labor and materials. If you follow the...more

Robinson+Cole Construction Law Zone

Second Circuit Affirms Win for General Contractor on No Damages for Delay Provision

In NASDI, LLC v. Skanska Koch Inc. Kiewit Infrastructure Co. (JV), 2024 WL 1270188 (2d Cir. Mar. 26, 2024), the U.S. Court of Appeals for the Second Circuit affirmed the District Court’s grant of summary judgment dismissing a...more

Stoel Rives LLP

New Law Requires Timely Payment of Undisputed Change Order Claims

Stoel Rives LLP on

RCW 39.04.360, effective June 6, 2024, sets forth protections and assurances of payment for contractors, subcontractors, and suppliers that perform undisputed changed or additional work on both public and private construction...more

BCLP

Confronting and Mitigating Against Corruption

BCLP on

Construction is a $1.7 trillion industry worldwide, contributing between 5 and 7 percent of GDP in most countries. However, it is also an industry that is highly vulnerable to corruption due to its inherent characteristics....more

Smith Debnam Narron Drake Saintsing & Myers,...

Managing Subcontractor Risks: A Legal Guide for General Contractors

Subcontractors play a pivotal role in construction projects, providing specialized skills and services essential for bringing projects to fruition. However, with this collaboration comes inherent risks that can significantly...more

Robinson+Cole Construction Law Zone

Connecticut Reverses Course for Construction Managers on School Projects

On June 6, 2024, Connecticut Governor Ned Lamont signed into law Public Act 24-151 (H.B. 5524) (Bill 5524). Bill 5524 authorized and adjusted bonds of the state and provisions related to state and municipal tax...more

Buckingham, Doolittle & Burroughs, LLC

DeWine Signs HB50 - Home Construction Law is Modified to Add Remodelers

On June 28, 2024, Governor DeWine signed HB50 which redefines some important definitions in the Home Construction Suppliers Services Act (RC 4722) (HCSSA). The change will require ALL Ohio construction contractors to review...more

Kilpatrick

Third Circuit Affirms Kilpatrick’s Recovery of CASPA Penalties and Attorneys’ Fees Award in C.J. Hughes v. EQM

Kilpatrick on

Kilpatrick attorneys secured a significant decision for contractors and subcontractors performing work in Pennsylvania. The Third Circuit Court of Appeals affirmed District Court Judge William S. Stickman’s award of...more

Gould + Ratner LLP

Key Takeaways From Construction Roundtable on “Digging Into Pre-Construction: What Owners and Developers Need to Know When...

Gould + Ratner LLP on

The key to a successful construction project often lies in how much work you do long before the first shovel of dirt is turned. But where should an owner or developer focus their time and resources for the best possible...more

Goulston & Storrs PC

Owners Beware: Massachusetts Supreme Judicial Court Underscores Strict Adherence to Prompt Payment Act

Goulston & Storrs PC on

On Monday, June 17, 2024, the Supreme Judicial Court (“SJC”) issued its decision in Business Interiors Floor Covering Business Trust v. Graycor Construction Company, Inc., et al, which interprets the Massachusetts Prompt...more

Goulston & Storrs PC

Massachusetts “Prompt Pay Law” Imposes New Obligations on Project Owners and Construction Lenders

Goulston & Storrs PC on

An Act Promoting Fairness in Private Construction Contracts (the “Prompt Pay Law,” codified at M.G.L. Section 29E, Chapter149), which imposes new requirements on private construction projects, will apply to all construction...more

Blake, Cassels & Graydon LLP

Unpacking Recent Trends in Major Projects and Infrastructure Arbitration

Amid the evolving complexities of infrastructure projects, stakeholders are increasingly seeking innovative solutions to mitigate risk and manage disputes more efficiently. Below, we discuss recent trends shaping major...more

BCLP

Conditions Precedent and Time Bars, Getting Around Them

BCLP on

When a party fails to comply with a condition precedent, especially if such a provision includes a time limit for the fulfilment of the obligation, it will often advance various arguments to avoid the consequences of...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

Holland & Knight LLP

New York Could Further Limit Retainage on Public and Private Construction Projects

Holland & Knight LLP on

Proposed bills in the New York State Assembly and Senate would prohibit the retention of any amount of payment due and owing for materials delivered and accepted for public and private construction projects. The identical...more

BCLP

JCT 2024 Editions: Key Changes in the JCT's New Suite of Contracts

BCLP on

An article, first published in PLC which analyses the key changes introduced by the JCT in its Design and Build Contract, 2024 Edition, the first of the JCT's 2024 contract families to be published. Standard forms tend to...more

Gray Reed

The Fine Print Matters: Five Contract Clauses Subcontractors and Suppliers Can’t Ignore

Gray Reed on

It never hurts to stop and take a minute to read what you are signing. This is especially true when entering into a contract with a new customer, vendor or on a new project. Your company (and your attorney) will thank you...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

BCLP

Collaboration in Practice Under Singapore PSSCOC Option Module E and NEC4

BCLP on

Traditional contracting has, in recent years, come under increasing criticism for being, among other things, unable to handle increasingly complex projects as there is little incentive for employers and contractors alike to...more

447 Results
 / 
View per page
Page: of 18

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide