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Contract Disputes Contract Terms

Bradley Arant Boult Cummings LLP

SBA OHA: Compliance with Limitations on Subcontracting Can Rebut Ostensible Subcontractor Affiliation

On May 2, 2025, the U.S. Small Business Administration (SBA) Office of Hearings and Appeals (OHA) issued a significant decision in Size Appeal of Bowhead Enterprise, Science, and Technology, LLC, SBA No. SIZ-6352. The...more

Benesch

Cargo Loss and Damage Liability in eVTOL and UAV Transportation

Benesch on

Electric vertical takeoff and landing aircraft (eVTOLs) and Unmanned Aerial Vehicles (UAVs or, colloquially, drones) are increasingly being integrated into supply chains. ...more

Benesch

INCOTERMS - More Relevant to Procurement and Sales Than Ever Before

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The INCOTERMS published by the International Chamber of Commerce (ICC) have long served the international community by offering a “shorthand” for communicating key shipping terms. The ICC most recently issued the 2020 version...more

Blake, Cassels & Graydon LLP

Clauses de règlement des différends dans les contrats d’infrastructure publique : point de vue de l’avocat plaidant

Les grands projets d’infrastructure publique font généralement intervenir plusieurs parties prenantes et nécessitent un ensemble complexe de contrats et de sous-contrats. Une approche réfléchie de la négociation et de la...more

Cohen Seglias Pallas Greenhall & Furman PC

For the Construction Industry, Planning Is the Key to Navigating Tariffs

When contemplating advice for contractors or suppliers trying to navigate the current tariff environment, I find President Dwight D. Eisenhower’s wartime advice insightful, “In preparing for battle I have always found that...more

Blake, Cassels & Graydon LLP

The Dispute Resolution Clause in Public Infrastructure Contracting — A Litigator’s View

Large public infrastructure projects typically involve several stakeholders and a complex array of contracts and subcontracts. A thoughtful approach to the negotiation and drafting of contractual dispute resolution clauses...more

Foley & Lardner LLP

Stick to the Status Quo: TRO Stops Franchisor from Terminating Franchise Agreement Pending Motion to Transfer

Foley & Lardner LLP on

A federal court recently enjoined a franchisor from terminating a franchise agreement or interfering with a franchisee’s operations pending the resolution of the franchisor’s motion to transfer venue....more

Carr Maloney P.C.

Construction Bonds: What They Are and Why They Matter

Carr Maloney P.C. on

Construction bonds are vital tools in the construction industry. A construction bond is an instrument arising out of suretyship law. A project owner may require a contractor to obtain one or more types of construction bond to...more

Pillsbury - Bid Protest Debrief

GAO Finds Exclusion Over $0.01 Scrivener’s Error Unreasonable, But Denies Protest for Lack of Prejudice

In Innovative Management & Technology Approaches, Inc., B-423190, et al., Mar. 3, 2025, IMTAS protested its exclusion from a competition run by the Federal Bureau of Investigation (FBI) after the agency rejected its proposal...more

Dorsey & Whitney LLP

Navigating Tariff Risks in Construction Contracts

Dorsey & Whitney LLP on

In recent months, changes to tariff laws have had a significant impact on the construction industry. With looming disruptions to global supply chains and material costs rising, there are a number of commercial and legal...more

Blake, Cassels & Graydon LLP

L’influence des tribunaux sur les contrats : Survol de décisions récentes rendues par des cours d’appel et la Cour suprême

La jurisprudence canadienne récente influe sur l’approche que devraient adopter les rédacteurs de textes juridiques au moment de formuler des clauses contractuelles. Des décisions clés, notamment de la Cour suprême du Canada...more

Katten Muchin Rosenman LLP

Fifth Circuit Affirms Party's Strategic Maneuver to Compel Arbitration From Federal Court Even When Forum Clause Required Remand

In a notable clarification of removal and arbitration procedure, the Fifth Circuit in Odom Industries, Inc. v. Sipcam Agro Solutions, LLC, No. 24-60410 (5th Cir. June 4, 2025), held that a defendant may remove a case to...more

Ballard Spahr LLP

Is the ‘Clarified’ AAA Clause Registration Rule Clear Enough?

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Effective May 1, 2025, the American Arbitration Association (“AAA”) amended its Consumer Arbitration Rules, including Rule 12 dealing with the registration of consumer arbitration clauses. The AAA stated that its goal was to...more

Kerr Russell

Michigan’s Prompt Payment Act

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Like they warned us on Schoolhouse Rock, it is no easy feat for a bill to become enacted into law. Just ask the proposed “Prompt Pay” legislation that currently languishes in Michigan. By way of background, “Prompt Pay”...more

Pillsbury - Internet & Social Media Law Blog

Taylor’s Version: A “Mastermind” in IP Ownership

After years of contractual entanglements, public disputes and strategic reinvention, Taylor Swift has achieved something few global recording artists have: She now owns the master recordings of her entire musical catalog....more

Lathrop GPM

California Federal Court Enforces Hotel Franchisor’s Arbitration Provision and Compels Arbitration

Lathrop GPM on

A federal court in California recently granted a franchisor’s motion to compel arbitration and stay the lawsuit in a dispute alleging breach of contract, breach of the implied covenant of good faith and fair dealing, and...more

BCLP

Construction Industry Participants Beware: CISG and CISOP and Their Impact on Overseas Procurement

BCLP on

It is common for construction industry participants to source various machinery, materials or components from overseas for construction projects in Hong Kong, or to have part of the construction and fabrication or assembly...more

DarrowEverett LLP

The Business Value of Engaging a Litigator Before You Are In Court

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The point when what began as a negotiation, or even a conversation, ripens into a full-blown lawsuit is rarely clear. Yet it is certainly clear that the courtroom is not where any of the parties to a once-promising business...more

Lowndes

Just Argued: Florida Supreme Court Tackles Property Law Shake-Up That Could Hit Property Owners and Developers Alike

Lowndes on

This morning, the Florida Supreme Court heard RJ’s International v. Crown Castle, a high-stakes case poised to reshape how contractual terms in property agreements affect future landowners. The justices are weighing whether...more

Bradley Arant Boult Cummings LLP

Understanding the Metropolitan Washington Airports Authority Bid Protest Procedures

When participating in a government procurement process, understanding the rules governing bid protests is crucial. For contractors engaging with the Metropolitan Washington Airports Authority (MWAA), strict procedural...more

Vedder Price

Tariffs and Commercial Contracts: When Is Nonperformance Excused, and When Is It a Breach?

Vedder Price on

In recent weeks, the Trump Administration has imposed sweeping tariffs on U.S. trading partners, based on the country from which the goods are exported and the type of goods imported. For parties to commercial contracts for...more

Gray Reed

Texas Supreme Court Decides Who Must Produce to Maintain an Oil and Gas Lease

Gray Reed on

In Cromwell v. Anadarko E & P Onshore LLC the Supreme Court of Texas did what it so often does: In order to provide “legal certainty and predictability”, the Court considered the plain language of a contract in order to...more

Mayer Brown

Serta and Mitel: The Latest Major Court Decisions on Uptier Transactions

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Summary: On December 31, 2024, two major appellate court decisions addressed the legality of uptier financing transactions—one involving Serta Simmons Bedding (“Serta”) and the other Mitel Networks Corporation (“Mitel”). Both...more

Farrell Fritz, P.C.

Retirement of Working Owners of Closely Held Business Entities: What’s Your Plan?

Farrell Fritz, P.C. on

It’s a fact that the great majority of multi-owner, closely held business entities are run by working owners. In many if not most instances the working owners realize the financial benefits of ownership primarily in the form...more

K&L Gates LLP

Tariffs & Supply Chains: An English Law Perspective on Contractual Levers You May Have (or Want)

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These are challenging times for supply chains. In recent months, the US government has announced, reversed, delayed, adjusted, and enacted a series of tariffs on imports to the United States from a long list of countries;...more

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