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Public Projects Construction Disputes

Holland & Knight LLP

New York Could Further Limit Retainage on Public and Private Construction Projects

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Proposed bills in the New York State Assembly and Senate would prohibit the retention of any amount of payment due and owing for materials delivered and accepted for public and private construction projects. The identical...more

Troutman Pepper

Courthouse Reporter Series: The Bizarre Case That Required a 117-Year-Old Expert

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Munro involved a dispute over the design of a Georgia intersection. No. A23A0404, 2023 WL 4194716 (Ga. Ct. App. June 27, 2023). The plaintiff alleged that the defendant improperly designed the intersection, never corrected...more

Robinson+Cole Construction Law Zone

Connecticut Court Clarifies a Limit on Payment Bond Claims for Public Projects

In All Seasons Landscaping, Inc. v. Travelers Casualty & Surety Co., No. DBD-CV21-6039074-S, 2022 WL 1135703 (Conn. Super. Ct. April 4, 2022) the plaintiff, a subcontractor on a state project, commenced a lawsuit against the...more

Burr & Forman

Pre-Bid Documents and Estimates Can’t Be Hidden Behind the Curtain in Disputed Delay Claims

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In WDF, Inc. v. City of New York,  No. 652478 (N.Y. Sup.) (Mar. 12, 2021), the contractor filed suit to recover damages from the City on numerous combined waste water treatment projects.  The contractor claimed that the City...more

Troutman Pepper

Federal Court Clarifies When Idle Equipment Costs Are Recoverable Under the Miller Act

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United States ex rel. Am. Civ. Constr., LLC v. Hirani Eng’g & Land Surveying, P.C., 2018 U.S. Dist. LEXIS 200829 (D.D.C. Nov 28, 2018). The case involved the construction of a levee wall on the National Mall in Washington,...more

Burr & Forman

Slow as a Turtle? “No Damages For Delay” Clause Inapplicable to Contractor’s Claim Against Architect

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When we think of delays on a construction project, the first inquiry is to identify the turtle—the one party holding up progress or causing the delay. Many times, the parties’ contract will dictate whether the contractor can...more

Bradley Arant Boult Cummings LLP

Be Aware of Sovereign Immunity - Construction and Procurement Law News, Q1 2018

Sovereign immunity is the legal doctrine, dating back to the days of the British monarchy, that a sovereign or state cannot commit a legal wrong and is immune from suit: in essence, “the king can do no wrong.” ...more

Troutman Pepper

U.S. Court Of Claims Denies Contractor’s “Superior Knowledge” Claim Against Owner Despite Owner’s Withholding Of Reports That...

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RDA Constr. Corp. v. United States, No. 11-555 C, 2017 U.S. Claims LEXIS 875 (Fed. Cl. July 27, 2017) - This case arises out of a public construction project at the Newport Naval Station. The Naval Facilities Engineering...more

Bradley Arant Boult Cummings LLP

The Consequences of Failing to Exhaust Administrative Remedies Prior To Filing Suit - Construction and Procurement Law News, Q3...

The Fourth Circuit Court of Appeals, the federal appeals court covering Maryland, Virginia, West Virginia, North Carolina, and South Carolina, affirmed the trial court’s decision to dismiss a contractor’s breach of contract...more

Bradley Arant Boult Cummings LLP

Burn Notice: Why Strict Compliance with Notice Requirements is Critical

Compliance with notice provisions in contracts is often a threshold question for courts when evaluating contract claims. In Contractors Edge, Inc. v. City of Mankato, the Minnesota Court of Appeals addressed such a...more

Cohen Seglias Pallas Greenhall & Furman PC

Pennsylvania Supreme Court Clarifies Applicability of Contractor and Subcontractor Payment Act

Last week, the Supreme Court of Pennsylvania issued a decision which has important consequences for all members of the construction industry involved with public works projects. In Clipper Pipe & Service, Inc. v. The Ohio...more

Troutman Pepper

Pennsylvania Appeals Court Finds Public Owner Waived Written Change Order Requirement By Conduct

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Coast Paving & Sealcoating, Inc. v. N. Allegheny Sch. Dist., 111 A.3d 220 (Pa. Commw. Mar. 6, 2015). - North Allegheny School District (“Owner”) hired East Coast Paving & Sealcoating, Inc. (“Contractor”) to pave...more

Troutman Pepper

Construction Manager at Risk Held to Assume the Risk of Design Changes on Massachusetts Public Construction Project

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The Massachusetts Superior Court (County of Worcester) held in Coghlin Electrical Contractors, Inc. v. Gilbane Building Co. and Travelers & Surety Company of America decided on June 24, 2014 that a Construction Manager at...more

Bradley Arant Boult Cummings LLP

Federal Miller Act Rights Trump State Statute Precluding Claims by Non-Licensed Contractors

In a recent decision, the 9th U.S. Circuit Court of Appeals held, for the first time, that California’s contractor licensing requirement cannot be used to bar a federal subcontractor from pursuing a claim under the Miller...more

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