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Contract Terms Contract Disputes Damages

Gray Reed

Industrial Insights: Time Extensions

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Well, Q1 of 2025 ended with a bang and continued the expansion of transactional work for the Gray Reed Construction Team. The announcement of tariffs and feared disruptions in the supply chain certainly created a point of...more

Bradley Arant Boult Cummings LLP

Yes, Damages for Delay: Court Permits Delay Damage Claim to Proceed

A federal court in upstate New York is permitting a subcontractor’s delay claim to proceed notwithstanding a “no damages for delay” provision in the subcontract. The case, The Pike Company, Inc. v. Tri-Krete, Ltd., involves...more

Blake, Cassels & Graydon LLP

Une mine de bitcoins exploitée sur une concession de pétrole et de gaz fait l’objet d’une injonction permanente

Dans Roy Flowers v. Persist Oil and Gas Inc., la Cour du Banc du Roi de l’Alberta (la « Cour ») a prononcé une injonction permanente interdisant à la défenderesse d’exploiter une entreprise de minage de bitcoins parce que le...more

Blake, Cassels & Graydon LLP

Court Issues Permanent Injunction Against Bitcoin Mining on Oil and Gas Lease

In Roy Flowers v. Persist Oil and Gas Inc., the Court of King’s Bench of Alberta issued a permanent injunction precluding the defendant from operating a Bitcoin mining operation, based on the failure of the underlying lease...more

Mayer Brown

English Court of Appeal Rules on "Loss of Anticipated Profits" Exclusion Clause

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The Court of Appeal recently considered whether a clause excluding claims for "loss of anticipated profits" prevented the claimant from bringing a claim for loss-of-profit damages stemming from an alleged breach of contract....more

A&O Shearman

Disputes 101 – What can’t you agree to do in your contract?

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Beware of a penalty shoot-out - The rule against penalties is rooted in public policy, aiming to prevent contractual provisions that punish the breaching party rather than protecting the interests of the innocent party. The...more

A&O Shearman

Disputes 101 – How to get out of a contract or obligation

A&O Shearman on

Back to basics – Do you even have a contract? Generally, a contract will be formed when parties come to an agreement through offer/acceptance. This doesn’t typically create problems where there is a written agreement between...more

Gray Reed

Disrupted Operations – Owners Beware! – Part 2 (DAMAGES)

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Liquidated damages are intended to provide predictability to the owner and contractor as to the financial consequence of not completing a project in a timely manner. Since liquidated damages are intended to compensate the...more

Lathrop GPM

New Jersey Federal Court Grants Summary Judgment Against Hotel Franchise Agreement Guarantor Enforcing Liquidated Damages...

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A federal court in New Jersey recently granted summary judgment against the guarantor of a hotel franchise agreement, requiring him to pay contractual post-termination damages. Ramada Worldwide Inc. v. Keys Hosp., LLC, 2024...more

Bradley Arant Boult Cummings LLP

What to Do if Your Federal Contract was Wrongfully Terminated by the Government

Government contracts often include a termination for convenience clause, generally allowing federal agencies to cancel agreements when it serves the government’s interest. While this power is fairly broad, it is not absolute...more

Fox Rothschild LLP

Franchising Beyond State Lines: Minnesota Expands Franchise Act Reach

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While the Court found that the bundled costs did not constitute a franchise fee, the MFA may apply to franchisees located outside the state of Minnesota. Pennsylvania based distributor, M&M Creative Laminants’ (M&M) bought...more

Cooley LLP

Cap in Hand: Should Liability Caps Be Applied Before or After Set-Off?

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In Topalsson GmbH v. Rolls-Royce Motor Cars Limited, the Court of Appeal helpfully re-affirmed that the ‘commonsense’ approach to the application of liability caps is to apply them before any set-off calculation....more

Davis Wright Tremaine LLP

From Confusion to Clarity: A Guide to Handling Concurrent Delays in Construction Projects

Over the years, general contractors and commercial developers have debated their rights during a concurrent delay. When a concurrent delay happens, the question arises: should the general contractor receive a) an extension of...more

Brownstein Hyatt Farber Schreck

City’s Termination for Convenience Found in Breach of Contract

A recent Tenth Circuit ruling in an appeal successfully defended by Brownstein Hyatt Farber Schreck affirmed a lower court judgment arising from a termination for convenience. This decision serves as support to contractors...more

A&O Shearman

Maritime misadventure: the case of the nominal damages

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Where two vessels were returned late by a charterer, only nominal damages were recoverable, since even if the vessels had been returned on time, the owners could not have chartered them out owing to obligations under...more

Bradley Arant Boult Cummings LLP

Lost Productivity Damages in Construction: The Modified Total Cost Method

Here at Bradley we frequently represent clients pursuing or opposing claims for lost productivity on construction jobs. The gist of those claims is that something happened which decreased productivity and thereby increased...more

Bradley Arant Boult Cummings LLP

United States Ordered to Pay Breach of Contract Damages to Nuclear Operator in Spent Fuel Dispute

The Federal Court of Claims recently ruled in favor of the operator of the Vermont Yankee nuclear power plant in its long-running dispute with the United States over the disposal of spent nuclear fuel (NorthStar Vermont...more

Quarles & Brady LLP

Supply Chain Survival Series: Remedies for Breach of Contract (Article #14)

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We have previously discussed the obligations a non-breaching party has to mitigate its own damages in the event of a contract breach. Assuming a party has mitigated its damages, this article discusses the potential remedies...more

Saiber LLC

The Saiber Construction Law Column: January 2023

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New Jersey courts recognize that every contract contains an implied covenant of good faith and fair dealing, which requires that neither party to the contract shall do anything which will have the effect of destroying or...more

Latham & Watkins LLP

Complex Commercial Litigation Law Review - Fifth Edition - England & Wales

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The courts of England are some of the most established fora for dealing with complex commercial litigation. The Civil Procedure Rules (CPR) that apply to English civil litigation, which govern every aspect of cases from...more

Gray Reed

Texas Court Addresses MSA Indemnity Obligations

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At issue in RKI Exploration and Production LLC v. AmeriFlow Energy Services LLC and Crescent Services, LLC. were two Master Service Agreements.  RKI was the operator of a well in Loving County; AmeriFlow and Crescent were...more

BCLP

Landlord Tenant Dispute: Tenant’s liability to make good damage and defects after the expiry of the tenancy

BCLP on

What is the allocation of responsibility for damage and defects after the expiry of a tenancy - The dispute in So Hon Ming Francis v Cheung Lau Shau Chun and Another ([2021] HKDC 1494, DCCJ 367/2019, 29 November 2021)...more

Smith Anderson

4th Circuit Blocked Future Litigation on a Related Issue on U.S. Navy Contract

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Fourth Circuit decision reminds litigants that settlement agreements can have far-reaching effects on the relationship between the parties. A recent decision of the U.S. Court of Appeals for the Fourth Circuit addressed...more

Bricker Graydon LLP

[Ongoing Program] Specific Claims – Changes in Project Design and Scope, Preconstruction - November 18th, 12:00 pm - 1:00 pm EST

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19th Annual Top Gun Premier Midwest Construction Claims Webinar Series - Bricker & Eckler's construction attorneys are proud to present "Top Gun," our premier Midwest construction claims webinar series. This free event...more

Bricker Graydon LLP

[Ongoing Program] Specific Claims – Cost-Plus Pricing Disputes - November 10th, 12:00 pm - 1:00 pm EST

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19th Annual Top Gun Premier Midwest Construction Claims Webinar Series - Bricker & Eckler's construction attorneys are proud to present "Top Gun," our premier Midwest construction claims webinar series. This free event...more

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