News & Analysis as of

Contract Disputes

Fifth Circuit Affirms Court’s Authority To Rule On Question Of Arbitrability And Finds Injunctive Relief Was Not Subject To...

by Carlton Fields on

A Texas federal court determined that, pursuant to the parties’ contract, the dispute was not arbitrable because the plain language of the arbitration clause expressly excluded suits that involved requests for injunctive...more

U.S. Court of Federal Claims Reports on Busy and Productive FY17

by Bass, Berry & Sims PLC on

The U.S. Court of Federal Claims recently issued a 2017 statistical report—covering the government’s fiscal year October 1, 2016 to September 30, 2017. During this time, 652 suits filed were filed at the Court and 1,035 suits...more

Court Ruling Highlights “The Perils Of Going Into Business With Family Members”

by Murtha Cullina on

An Indiana Court of Appeals recently ruled upon a dispute between a mother and her daughter and son-in-law(and their business) concerning the lease of commercial property and the repayment of loans the mother made on the...more

[Webinar] Virginia Procurement Technical Assistance Program: Contract Performance 3-Part Webinar Series - Part l - REAs and Claims...

Maria Panichelli and Robert Ruggieri are presenting a 3-part educational webinar series for the Virginia Procurement Technical Assistance Program on contract performance....more

Court of Appeal Explains Parol Evidence Rule

by Allen Matkins on

Today, I am picking up on my discussion of Kanno v. Marwit Capital, No. G052348, 2017 Cal. App. LEXIS 1150 (Ct. App. Dec. 22, 2017) in this post from last week and last year. Kanno involved the application of the parol...more

Use Of The Word “In” Indicates Geography; Use Of The Word “Of” Indicates Sovereignty: Federal District Court In Maryland Holds...

by Pepper Hamilton LLP on

Pritchett Controls, Inc. v. Hartford Accident & Indemnity Co., 2017 U.S. Dist. LEXIS 192182, 2017 WL 5591872 (D. Md. Nov. 21, 2017) - James W. Ancel, Inc. (“JWA”) was the prime contractor on a project for the Maryland...more

Extremely Clear Pay-If-Paid Clause is Enforced

by Murtha Cullina on

Every contract involves the risk of insolvency, and every construction subcontract involves the risk of the owner/developer failing to make the payments that the contractor intends to use to pay its subcontractors....more

An Important Reminder for Federal Contractors: Act Fast on Termination for Convenience Claims!

Federal contractors generally don’t need to worry too much about statute of limitations issues on federal contract claims because the Contract Disputes Act (“CDA”) includes a generous six-year window to file. However, it is...more

Extension of Common Law Rule Against Set Off From Freight to Air Freight

by Reed Smith on

The London Circuit Commercial Court has held that the well established common law rule in shipping law that “a claim in respect of cargo cannot be asserted by way of a deduction from freight” extends to air freight. In...more

Memo From Labor Board’s Top Attorney Signals Change Is On Its Way

by Fisher Phillips on

The newly installed General Counsel for the National Labor Relations Board published a memorandum late last week indicating that the General Counsel is preparing to push to reverse many of the controversial positions taken...more

Ohio Takes a Position on Market-Value-at-the-Well Royalty Clauses*

by Gray Reed & McGraw on

In Ohio, in calculating royalties in a market-value-at-the-well lease (as distinguished from a “proceeds” lease), post-production costs are to be shared proportionately by the working interest and royalty owners. ...more

Litigation Update: Contractor Not Entitled To Delay Costs Based On Access To Information Included In Its Contract

by Fox Rothschild LLP on

Understanding claims under the Contract Disputes Act is an essential skill for government contractors. Claims (and related requests for equitable adjustment) are by far the most common remedy for contractors seeking to...more

Court Holds That Contractual Relationship Does Not Create Fiduciary Duties

by Winstead PC on

In Na Ins. Servs. Holding Corp. v. Hilb Group of Ind., a federal magistrate recommended that the district court grant a defendant’s motion to dismiss a breach of fiduciary duty claim. No. 4:17CV600-ALM-KPJ, 2017 U.S. Dist....more

Lawyer Mistakes Could Ruin Your Settlement!

Woodland Hills personal injury lawyer Barry P. Goldberg has literally settled thousands of cases over the years. A settlement seems simple and easy to document. However, many lawyers make a “mistake” when settling a...more

Recoverability of adjudication costs: "Can't hear Lulu no more"

by DLA Piper on

In this series we have already looked at Lulu v Mulalley and Wes Futures v Allen Wilson, following which we predicted that, while parties to adjudication would attempt to use the Late Payment Act to recover their costs of...more

Segway Competitor Rolls Away from Former CEO’s Attempt to Force Arbitration

by Zuckerman Spaeder LLP on

A party seeking to enforce a contract has to show mutual assent, also referred to as “a meeting of the minds.” In other words, both parties actually have to agree on the same thing. If the parties don’t agree, then a contract...more

A Myth About Delay – Revisited

by Gray Reed & McGraw on

Construction lawyers routinely deal with delay claims. I have presented or defended more of them than I can remember. That is why I was curious when, earlier this year, I received a series of email invitations to...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

Identification of third party beneficiaries - contracts (rights of third parties) act

by Allen & Overy LLP on

Reference to setting up a separate segregated client account in a letter of instruction from a customer to the bank (the terms of which envisaged that an account would be opened and operated in a particular manner) would have...more

Bound by your bargain

by Dentons on

During April 2015, the Court of Appeals (Civil Division) delivered its judgment in MT Hojgaard A/S v. E.ON Climate and Renewables UK Robin Rigg East Limited [2015] EWCA Civ 407....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

Is it wrong to confuse an arbitrator's failure to give reasons with the conduct of proceedings?

by Dentons on

Construction disputes in South Africa are typically subject to dispute resolution by arbitration. This is usually regulated by the Arbitration Act (the Act). Under the common law and section 28 of the Act, an arbitration...more

The Good, the Bad and the Ugly: Candour in Ex Parte Applications

by Bennett Jones LLP on

A recent decision by the Alberta Court of Appeal (ABCA) reminds us that counsel must take care to provide a balanced view of both sides and not overreach in their asks when seeking an ex parte application, lest the court set...more

Houston Court of Appeals Finds Pre-PSA Emails Created Binding Contract

by Winstead PC on

The use of email in modern transactions is pervasive. Few negotiating parties consider, however, the possibility that those emails may create a binding obligation when the transaction requires finalization through a formal...more

For Government Contractors: Unsigned Claim Certification Is an Incurable Defect

In September, the Armed Services Board of Contract Appeals (ASBCA) addressed the certification requirements under the Contract Disputes Act (CDA). A motion to dismiss by the U.S. Government prompted the ASBCA to consider...more

402 Results
|
View per page
Page: of 17
Cybersecurity

"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:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.