News & Analysis as of May 19, 2025

Contractors

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Fraud is the making of false representations or engaging in deceptive behavior in order to unlawfully secure financial or personal gain.

Ensuring Integrity In Disaster Recovery: Lessons From NYC Rapid Repairs

K2 Integrity on 2/11/2025

In the wake of the devastating LA wildfires, the importance of stringent controls and oversight in disaster recovery efforts cannot be overstated. As we mobilize to rebuild and restore, it is crucial to learn from past...more

Construction performance bonds: "extend or pay"

White & Case LLP on 1/27/2022

"Extend or pay" provisions are sometimes used in construction performance bonds and bank guarantees as a way of ensuring that performance security is provided for the period it is needed. Can a beneficiary be stopped from...more

Triple Point v PTT: UK Supreme Court also interprets a contractual cap on liability

BCLP on 8/17/2021

The UK Supreme Court recently handed down a highly anticipated judgment on the interpretation of clauses which pertain to liquidated damages and limitations on a contractor’s liability for damages. Most notably, the Supreme...more

Preventing Limitation of Liability End-Runs

Troutman Pepper Locke on 7/29/2016

Owners who are dissatisfied with their contractors’ performance increasingly assert fraud-based claims in addition to breach of contract claims because fraud-based claims are not typically barred by contractual waivers and...more

Construction Alert: "Personal Liability for Fraudulent Pay Applications"

Porter Hedges LLP on 11/18/2015

A false notarized payment application signed by a Contractor and submitted to an Owner may make both the Contractor and the person who signed the false application personally liable for damages suffered by the Owner. ...more

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