News & Analysis as of

Construction Project Dismissals

Bradley Arant Boult Cummings LLP

ASBCA Deems Late-Asserted Jurisdictional Defense Forfeited

In Appeal of – JE Dunn Construction Co., the Armed Services Board of Contract Appeals considered and denied the government’s post-hearing motion to dismiss JE Dunn’s complaint for failure to submit sums certain for each of...more

Bradley Arant Boult Cummings LLP

Second Circuit: No-Damages-For-Delay Clause Bars Claim

The Second Circuit Court of Appeals recently applied a no-damages-for-delay provision to affirm the dismissal of a demolition contractor’s breach of contract claims. The project involved reconstructing and raising the Bayonne...more

Nutter McClennen & Fish LLP

Judge Salinger Dismisses "Conclusory Assertions" Against Project Manager in Commercial Real Estate Dispute

Judge Salinger dismissed a real estate developer’s counterclaims against a project manager, ruling that the counterclaim allegations did not “plausibly suggest that [project manager] [wa]s liable for the contractor’s...more

Pierce Atwood LLP

In Rare Move, SJC Enters Immediate Order Reversing Decision That Broadened Density-Based Standing in Zoning Appeals

Pierce Atwood LLP on

In what passes for high drama in the world of Massachusetts land use law, the Supreme Judicial Court (SJC), after hearing oral argument last Thursday in an important case involving standing in zoning appeals, entered an order...more

Smith Anderson

Beware of the Risks! No Ownership, No Lien

Smith Anderson on

A recent North Carolina Court of Appeals decision reiterates the importance of knowing who you are dealing with when undertaking work or selling materials in connection with any construction or development project in our...more

Bradley Arant Boult Cummings LLP

In Alabama, Not All Debts Are Created Equal

Alabama’s materialman’s lien statute (specifically, Ala. Code § 35-11-211) was intended to provide construction lenders priority over materialmen as to debts relating to construction projects, and this intent was recently...more

Franczek P.C.

Court Decision Reminds School Boards of the Importance of “Sunshine” in Guaranteed Energy Savings and Other Construction Contracts...

Franczek P.C. on

In a recent Illinois Appellate Court decision, a taxpayer unsuccessfully challenged a school district’s guaranteed energy savings contract. School Board members should be aware of this decision because the favorable outcome...more

Bradley Arant Boult Cummings LLP

Not All Debts Are Created Equal - Construction and Procurement Law News, Q3 2019

Alabama’s materialman’s lien statute (specifically, Ala. Code § 35-11-211) was drafted with the intent of providing construction lenders priority over materialmen as to debts relating to construction projects. This intent was...more

Barnea Jaffa Lande & Co.

Canceling Expropriation for Public Use – When?

In a recent judgement by the Supreme Court, the circumstances under which a court may intervene and cancel an action for expropriation were considered....more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - April 2019 #3

Trump Signs Orders to Speed Up Oil and Gas Pipeline Construction - "President Trump signed two executive orders that he says will speed up construction of pipelines and other projects to enhance the production and...more

White & Case LLP

When Do Defects Prevent Practical Completion?

White & Case LLP on

Practical completion represents the physical completion of works on construction projects. Despite its importance, it is not a legal term of art, and whether or not practical completion has been achieved requires...more

Womble Bond Dickinson

Judge Moon's Denial of Preliminary Injunction in Route 29 Lawsuit

Womble Bond Dickinson on

Several months ago, business owners on Route 29 filed a lawsuit against federal and state transportation officials challenging the plan to build a grade separated interchange at Route 29 and Rio Road. The plaintiffs claimed...more

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