Damages, Contract Terms, Construction Contracts

Industrial Insights: Time Extensions

Gray Reed on 4/8/2025

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

Construction Projects and Subrogation: Timing is Everything

White and Williams LLP on 3/21/2025

In American Fam. Ins. Co. v. NB Elec., Inc., No. A24-0377, 2025 Minn. App. LEXIS 12, the Court of Appeals of Minnesota (Court of Appeals) considered whether an insurer’s subrogation action was time barred under Minnesota’s...more

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

Gray Reed on 2/20/2025

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

Recent Colorado Appeals Court Decision Provides Further Guidance on the Colorado Economic Loss Rule Doctrine

Snell & Wilmer on 2/13/2025

In the recent decision of Veolia Water Tech., Inc. v. Antero Treatment LLC, 2024 COA 126 (Colo. App. 2024), the Colorado Court of Appeals addressed the “murky” application of the economic loss rule to the intentional tort of...more

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

Davis Wright Tremaine LLP on 1/16/2025

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

Offset, Setoff, and State Trends in Withholding Clauses

Frantz Ward LLP on 1/15/2025

States have been slowly clawing back at a higher-tier’s ability to withhold payments owed to its lower-tier subcontractors, aiming to protect subcontractors from undue financial hardship and ensure that payment disputes are...more

Lost Productivity Damages in Construction: The Modified Total Cost Method

Bradley Arant Boult Cummings LLP on 12/27/2024

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

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

Bradley Arant Boult Cummings LLP on 10/6/2023

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

Liquidated Damages Disproportionate to Actual Damages Deemed Unenforceable

Bradley Arant Boult Cummings LLP on 9/11/2023

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

The Saiber Construction Law Column: January 2023

Saiber LLC on 1/12/2023

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

Assessment of damages for breach of contract: costs of cure vs difference in value

BCLP on 1/14/2022

The most common remedy for breach of contract is the award of damages. The usual aim of the court is to place, as far as possible, the innocent party in the position it would have been in had the breaching party performed...more