News & Analysis as of

Contract Terms Damages General Contractors

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

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

Bradley Arant Boult Cummings LLP

Court Rejects Contractor’s Claim That COVID-19 Rendered Performance Impossible

A fundamental premise of contract law is that promises must be kept. If legally enforceable promises or “contracts” are not kept, courts may step in to enforce them by ordering performance, awarding damages, or granting some...more

Bradley Arant Boult Cummings LLP

Liquidated Damages Disproportionate to Actual Damages Deemed Unenforceable

Construction contacts often include provisions that provide for pre-determined or “liquidated” damages in the event of a breach. Such provisions can provide certainty to the parties as to the consequences of a breach and can...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

Bricker Graydon LLP

[Ongoing Program] Specific Claims – Defective and Non-Conforming Work - November 4th, 12:00 pm - 1:00 pm EST

Bricker Graydon LLP on

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] Strategies for Dealing with Claims – Project Schedule - October 28th, 12:00 pm - 1:00 pm EST

Bricker Graydon LLP on

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 – Unforeseen Site Conditions - October 21st, 12:00 pm - 12:45 pm EST

Bricker Graydon LLP on

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] Strategies for Dealing with Claims – Project Documentation - October 14th, 12:00 pm - 12:30 pm EST

Bricker Graydon LLP on

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] Strategies for Dealing with Claims – Insurance and Bonds - October 7th, 12:00 pm - 12:50 pm EST

Bricker Graydon LLP on

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] Beginning a Project – Decision Points - September 29th, 12:00 pm - 1:15 pm EST

Bricker Graydon LLP on

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

[Webinar] Specific Claims – Changes in Project Design and Scope, Preconstruction - November 19th, 12:00 pm - 1:00 pm EST

Bricker Graydon LLP on

Bricker & Eckler's construction attorneys are proud to present "Top Gun," our premier Midwest construction claims webinar series. This free event will cover: - Important construction concepts, including key contract...more

Bricker Graydon LLP

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

Bricker Graydon LLP on

Bricker & Eckler's construction attorneys are proud to present "Top Gun," our premier Midwest construction claims webinar series. This free event will cover: - Important construction concepts, including key contract...more

Bricker Graydon LLP

[Webinar] Specific Claims – Defective and Non-Conforming Work - November 5th, 12:00 pm - 1:00 pm EST

Bricker Graydon LLP on

Bricker & Eckler's construction attorneys are proud to present "Top Gun," our premier Midwest construction claims webinar series. This free event will cover: - Important construction concepts, including key contract...more

Bricker Graydon LLP

[Webinar] Strategies for Dealing with Claims – Project Schedule - October 29th, 12:00 pm - 1:00 pm EST

Bricker Graydon LLP on

Bricker & Eckler's construction attorneys are proud to present "Top Gun," our premier Midwest construction claims webinar series. This free event will cover: - Important construction concepts, including key contract...more

Bricker Graydon LLP

[Webinar] Specific Claims – Unforeseen Site Conditions - October 22nd, 12:00 pm - 12:45 pm EST

Bricker Graydon LLP on

Bricker & Eckler's construction attorneys are proud to present "Top Gun," our premier Midwest construction claims webinar series. This free event will cover: - Important construction concepts, including key contract...more

Bricker Graydon LLP

[Webinar] Strategies for Dealing with Claims – Project Documentation - October 15th, 12:00 pm - 12:30 pm EST

Bricker Graydon LLP on

Bricker & Eckler's construction attorneys are proud to present "Top Gun," our premier Midwest construction claims webinar series. This free event will cover: - Important construction concepts, including key contract...more

Bricker Graydon LLP

[Webinar] Strategies for Dealing with Claims – Insurance and Bonds - October 8th, 12:00 pm - 12:50 pm EST

Bricker Graydon LLP on

Bricker & Eckler's construction attorneys are proud to present "Top Gun," our premier Midwest construction claims webinar series. This free event will cover: - Important construction concepts, including key contract...more

Bricker Graydon LLP

[Webinar] Beginning a Project – Decision Points - October 1st, 12:00 pm - 1:15 pm EST

Bricker Graydon LLP on

Bricker & Eckler's construction attorneys are proud to present "Top Gun," our premier Midwest construction claims webinar series. This free event will cover: - Important construction concepts, including key contract...more

Buchalter

Gobble Gobble First and Then You Can Put Up the Christmas Tree. Well, Kinda.

Buchalter on

In VVM Builders, LLC v. Atkins Construction Group, LLC, No. CV195021541S (Oct. 31, 2019), the Superior Court of Connecticut squarely addressed this precise issue in a case involving a change order dispute between a contractor...more

White & Case LLP

Striking out total cost claims

White & Case LLP on

A "global" or "total cost" claim is one in which the damages calculation is derived from the total cost of the work incurred by a contractor, minus the bid amount. Such claims are increasingly used by contractors where...more

Bradley Arant Boult Cummings LLP

Casting the First Stone: Contractors Considering Default Termination Should Examine Which Party Committed First Material Breach -...

During a construction project, circumstances may arise that lead a general contractor to consider termination of a subcontractor’s right to proceed under the subcontract. The Randy Kinder Excavating v. J.A. Manning...more

Haight Brown & Bonesteel LLP

Did You Really Accept That Bid? – How Contractors Can Avoid Post-Acceptance Bid Disputes Over Contract Terms

When California general contractors submit bids to an owner, can they force their subcontractors to honor their bids? Can they recover damages if the subcontractor later refuses to do so? While the general rule in...more

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