News & Analysis as of

Contractors Contract Termination

Bradley Arant Boult Cummings LLP

No Written Notice of Delay? Big Problem! Court Sides with Contractor in Termination Dispute

Earlier this week we saw the court in Patriot Construction use the waiver doctrine to excuse a subcontractor’s failure to strictly comply with the documentation requirements of the contract. As a litigant in Illinois federal...more

Dickinson Wright

Your Contractor Messed Up. Can you Fire Them?

Dickinson Wright on

Suppose you own a commercial building and intend to lease it to various tenants. But before you do, you need to make a number of improvements, so you hire a contractor. The contract between you and the contractor is...more

Hahn Loeser & Parks LLP

“Time is of the Essence” – or is it?

Hahn Loeser & Parks LLP on

It seems that almost every construction contract contains a clause proclaiming that “time is of the essence.” But what exactly does that clause mean? And why is it important? Or is it?...more

Pillsbury - Global Sourcing Practice

Enforceability of Penalties for Late Delivery in the UK: UK Supreme Court Confirms the Law of Liquidated Damages

For some time the position under English law relating to the recovery of liquidated damages from a contractor as penalty for late delivery has been unclear where the contract terminates before the contractor completes the...more

Vinson & Elkins LLP

Case Update: Triple Point Technology Inc v PTT Public Company Ltd [2021] UKSC 29

Vinson & Elkins LLP on

In a decision welcomed by many practitioners in the United Kingdom and further abroad, the Supreme Court of the United Kingdom recently settled the law on the application of liquidated damages in circumstance where a contract...more

White & Case LLP

Managing construction risks in Asia-Pacific: Singapore

White & Case LLP on

With a significant and coherent body of case law on construction disputes, Singapore is a hub for resolving many construction disputes across the Asia-Pacific region. Singapore is a vibrant country in Southeast Asia. With...more

Faegre Drinker Biddle & Reath LLP

Thinking About a Contract Termination? Consider This…

Contract termination can be expensive, particularly in today’s environment. When delays and cost impacts occur, contractors might consider contract termination in hopes of achieving a better outcome on the project. However,...more

BCLP

Timberbrook v Grant Leisure: staged payments, variations and termination clause

BCLP on

The recent English case of Timberbrook Ltd v Grant Leisure Group Ltd [2021] EWHC 1905 (TCC) (Date of Judgement: 16 July 2021), which was heard in the Technology and Construction Court, is a good illustration of the factors...more

Vinson & Elkins LLP

Back To The Traditional Approach: Supreme Court Overturns Court Of Appeal Decision On Liquidated Damages In Triple Point

Vinson & Elkins LLP on

The Supreme Court’s recent decision has restored the orthodox approach to interpreting liquidated damages clauses and has brought some certainty following the Court of Appeal’s judgment in 2019. It has also emphasised the...more

Snell & Wilmer

Wash Your Hands and Read Your Contract: COVID-19 Reminders for the Construction Industry

Snell & Wilmer on

A year into the pandemic, many of us are reflecting on how far we have come. While we may laugh at the memory of wiping off grocery bags with Clorox, some of the lessons, like washing your hands for at least 20 seconds, are...more

Fox Rothschild LLP

When It Comes To PJ, KYC (Know Your Contractor) – Or At Least Where They Are Headquartered.

Fox Rothschild LLP on

Contract with “substantial connection” with NC leads to PJ over a California Defendant who never visited NC. In Toshiba Global Commerce Solutions, Inc. v. Smart & Final Stores LLC, 2020 NCBC 95, Judge Conrad held that...more

Hogan Lovells

Talking Point: Insolvency risk in the construction industry

Hogan Lovells on

In the difficult market conditions which have accompanied the COVID-19 pandemic, the financial health of many industries has been adversely affected. The construction industry is no exception and the insolvency of a party to...more

Davis Wright Tremaine LLP

Rarely Used "Constructive Termination for Convenience" Argument Disposes of Contractor Claim

In a recent Court of Federal Claims decision, JKB Solutions and Services, LLC v. U.S., Nr. 19-1290C (October 16, 2020), the court held on summary judgment that the government constructively terminated an IDIQ contract for its...more

Snell & Wilmer

Under Construction - September 2015

Snell & Wilmer on

Welcome to the fall edition of our Under Construction newsletter. The first article in this edition highlights the pros and cons of joint venturing on a construction project, and items to consider in preparing the joint...more

14 Results
 / 
View per page
Page: of 1

"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:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide