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Payment Terms Failure To Pay

Farrell Fritz, P.C.

Work Performed in the Forum State May Be Insufficient to Establish Personal Jurisdiction Over Out-Of-State Defendants

Farrell Fritz, P.C. on

Recently, Justice James Hudson issued a decision testing the limits of New York’s Long Arm Statute. The Court was tasked with determining whether personal jurisdiction exists over an out-of-state defendant, based on a claim...more

Troutman Pepper

Level 10 Construction v. Sea World LLC: Can Force Majeure Save Sea World?

Troutman Pepper on

On June 8, 2020, Level 10 Construction, LP (“Level 10”), a construction company hired by Sea World San Diego (“Sea World”), filed a Complaint in California federal court alleging that Sea World is withholding over $3.2...more

Burr & Forman

Florida Appellate Court Upholds Order Requiring Monthly Payments During Foreclosure Case

Burr & Forman on

On April 1, 2020, Florida’s Third District Court of Appeal released its opinion in the case 78D Team, LLC v. U.S. Bank, N.A., etc., 3D 19-1708 (Fla. 3d DCA April 1, 2020)....more

Burr & Forman

Lump Sum or Cost-Plus Contract: You Can’t Have It Both Ways

Burr & Forman on

It goes without saying that in the world of construction contracts … words matter! There is language in the Goes decision that a cost-plus contract imposes upon the contractor an implied duty to incur reasonable and proper...more

Troutman Pepper

Recent Decisions Recognize Limits on Lien Amounts Properly Includable Under Michigan and Connecticut Lien Statutes

Troutman Pepper on

Lost profits, not part of unpaid contract balance, may be recoverable as consequential damages in contract claim, but cannot be included in lien. TSP Services Inc. v. National-Standard, LLC, 2019 BL 340267 (Mich. Ct. App....more

Bricker Graydon LLP

When are damages based on unjust enrichment appropriate?

Bricker Graydon LLP on

Ohio courts have long been in agreement that “[i]t is clearly the law in Ohio that an equitable action in quasi-contract for unjust enrichment will not lie when the subject matter of that claim is covered by an express...more

Gray Reed

Establishing Personal Liability Without a Guaranty

Gray Reed on

When non-payment occurs, suppliers and service providers often first seek relief by suing for breach of contract. Unfortunately, many companies are undercapitalized or otherwise “judgment proof.” A personal guaranty might...more

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