Contract Disputes, Construction Contracts, Failure To Pay

Oral Contract and Invalid Lien Spell Trouble for Contractor

Frantz Ward LLP on 2/5/2025

Speedy Maintenance, LLC v. Windsor Tower, LLC, 2024-Ohio-5841 (2d Dist.) is a recent case concerning a dispute over repairs to a parking garage where Ohio’s Second District Court of Appeals confronted issues....more

Michigan Federal Court Permits Subcontractor’s Quasi-Contractual Claims to Proceed Despite Existence of Express Contract Covering...

Troutman Pepper Locke on 6/23/2020

P.A.L. Environmental Safety Corp. v. North American Dismantling Corp. Et Al., No. 19-11630, 2020 BL 198779 (E.D. Mich. May 28, 2020) - A Michigan federal court partially granted Consumers Energy Company’s (“CEC”) motion to...more

Lump Sum or Cost-Plus Contract: You Can’t Have It Both Ways

Buchalter on 3/3/2020

It goes without saying that in the world of construction contracts … words matter! There is language in the Goes decision that a cost-plus contract imposes upon the contractor an implied duty to incur reasonable and proper...more

When are damages based on unjust enrichment appropriate?

Bricker Graydon LLP on 10/4/2019

Ohio courts have long been in agreement that “[i]t is clearly the law in Ohio that an equitable action in quasi-contract for unjust enrichment will not lie when the subject matter of that claim is covered by an express...more

New York Supreme Court Granted Summary Judgment for Subcontractor Where Contractor Attempted to Utilize Contractual...

Troutman Pepper Locke on 5/17/2019

A.E. Rosen Elec. Co. v. Plank, LLC, No. 07862-7, 2019 BL 113951 (Sup. Ct. Mar. 01, 2019) - On March 1, 2019, the Supreme Court of New York, Albany County, granted a subcontractor’s motion for summary judgment on a payment...more

Establishing Personal Liability Without a Guaranty

Gray Reed on 7/12/2018

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