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Construction Project Construction Contracts

Sheppard Mullin Richter & Hampton LLP

Dispute Resolution Considerations in Construction Contracts

During a recent webinar, “Dispute Resolution Considerations in Construction Contracts”, I was joined by my colleagues Chris Kolosov and Emily Anderson to discuss the dispute resolution alternatives available to parties...more

Bradley Arant Boult Cummings LLP

Substantial Performance v. Material Breach

All breaches are not created equal. A minor, technical breach may be deemed “immaterial.” Other breaches – so-called “material” breaches — deprive the non-breaching party of something important or essential to the purpose of...more

Cohen Seglias Pallas Greenhall & Furman PC

Negotiating Construction Disputes: Lessons Learned from “Getting to Yes”

Disputes are a fact of life in the construction industry. As a practicing construction attorney for twenty years, both with a law firm and as in-house at a national construction contractor, I have negotiated and helped...more

Patton Sullivan Brodehl LLP

The Growing Trend of Contractor Negligence Liability Despite Lack of Contract Privity

Historically, courts typically refused to impose liability for negligence in the performance of a contract unless the plaintiff was a party to the contract. Thus, whenever a contractor provided services at a particular...more

Warner Norcross + Judd

The Michigan Builders Trust Fund Act May Include More than Traditional Construction Projects

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The Michigan Building Contract Fund Act, commonly known as the Michigan Builders Trust Fund Act (MBTFA), is well known to those in the construction industry. The provision requires that when a contractor is paid for a...more

Mayer Brown

Legal Developments in Construction Law: October 2024

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1. AN AGREEMENT TO AGREE IS UNENFORCEABLE – OR IS IT? An agreement to agree is not enforceable.  For example, in a sale of goods contract, price is an essential ingredient, and if still to be agreed between the parties,...more

Bradley Arant Boult Cummings LLP

11th Circuit Confirms International Arbitration Award in Guatemalan Hydropower Project Dispute

Last week, the 11th Circuit Court of Appeals confirmed an international arbitration award in a case involving a failed hydroelectric project in Guatemala. The project involved an Engineering, Procurement, and Construction...more

Hogan Lovells

Die geplante Novelle des BauGB mit Fokus auf § 246e BauGB, dem „Bau-Turbo“

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Die von der Bundesregierung im Jahr 2021 geplante Novelle des Baugesetzbuches (BauGB) zur Förderung von Investitionen, Beschleunigung von Verfahren und Begrenzung von Baukosten hat große Erwartungen geschürt. Vor allem der...more

Tannenbaum Helpern Syracuse & Hirschtritt LLP

Preventing and Overcoming Project Delays

The key to the timely completion of a construction project is the preparation and maintenance of a comprehensive project schedule utilizing the critical path method (CPM) of scheduling. Preparation of a CPM schedule requires...more

Clark Hill PLC

Updated Competitive Bidding Threshold for Michigan Public Schools

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In accordance with Sections 1267 and 1274 of the Michigan Revised School Code, MCL 380.1267 and MCL 380.1274, the Michigan Department of Education (MDE) has issued its annual memorandum to establish the competitive bidding...more

Stark & Stark

Construction Liens - What is a Lien Fund?

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Although many contractors have never heard of the expression “lien fund” having an understanding as to what this phrase means is crucially important in the context of seeking payment pursuant to a construction lien. In...more

Wiley Rein LLP

Five Lessons From Framaco Litigation: How Construction Contractors Can Best Position Themselves Before Filing Claims

Wiley Rein LLP on

A string of recent decisions issued by the Civilian Board of Contract Appeals (CBCA) provide helpful reminders for construction contractors that have encountered difficulties in performance and are seeking relief from the...more

Bradley Arant Boult Cummings LLP

Alabama Supreme Court’s Recent Ruling on Indemnity Clauses Could Impact Construction Contracts: Key Drafting Considerations

Hark! A recent Alabama Supreme Court indemnity decision, Mobile Infirmary Association v. Quest Diagnostics Clinical Laboratories, may require you to retrieve your drafting pen. Although not a case involving a construction...more

K&L Gates LLP

Lay of the Land: Has Washington State Resolved the Condo Liability Problem?

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Major residential condominium construction has seen a decade-plus lull, due in part to an onerous warranty statute applicable only to condos. The Washington State Legislature significantly changed that statute in 2019, and...more

BCLP

Interpreting Termination Clauses: a Recent Example From the Court of Appeal

BCLP on

In this Insight, first published in PLC, Shy Jackson considers the Court of Appeal's decision in Providence Building Services Ltd v Hexagon Housing Association Ltd [2024] EWCA Civ 962 that a contractor was entitled to...more

TransPerfect Legal

IBA 2024 Mexico City Takeaways for Global Construction Trends and Mediation for Construction Disputes

TransPerfect Legal on

What Does It Take, Is It Worth It, and What Are the Cost Implications of Alternative Dispute Resolution? The volume of disputes and associated financial fallout in global construction claims is steadily rising, indicating...more

Bradley Arant Boult Cummings LLP

Mistake No. 7 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Not Paying Attention to Your Arbitrator or Judge...

Helen Christakos a partner in our U.S. Privacy and Data Security practice, Tom Butcher a partner in our international Telecommunications, Media and Technology (TMT) group and Head of Middle East Communications, Technology and...more

Procopio, Cory, Hargreaves & Savitch LLP

[Webinar] 2024 Construction Law Forum - October 16th, 10:00 am PT

We invite you to attend a complimentary virtual event hosted by Procopio’s Construction & Infrastructure Law attorneys, along with guest industry experts, on Wednesday, October 16, 2024. This engaging half-day program will...more

Mayer Brown

Legal Developments in Construction Law: September 2024

Mayer Brown on

1. SUPREME COURT PUTS COLLATERAL WARRANTIES IN THEIR THEIR PLACE - Can a collateral warranty be a "construction contract" under the Construction Act, an agreement for the carrying out of construction operations?...more

Miller Nash LLP

[Webinar] Finish First When Others Around You Fall: Tips on How to Financially Protect Your Organization During a Project -...

Miller Nash LLP on

From a practical business perspective, you can evade disaster, protect your payments from others’ financial shortages, and avoid the pitfalls of another’s bankruptcy—and still end up first—with a bit of knowledge, planning,...more

Gray Reed

Lien and Bond Claims in October 2024: Dates to Remember

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Use this guide as a reference when filing lien and bond claim notices for the month of October. ...more

Gray Reed

Why Construction Companies Should Engage Early in the Texas Legislative Session

Gray Reed on

As the Texas legislative session approaches, kicking off on January 14, construction companies across the Lone Star State need to start gearing up for their advocacy efforts. Early engagement is not just beneficial—it’s...more

Foster Swift Collins & Smith

Should Your Business Sign SBA Form 601 Requiring Non-Discriminatory Hiring Practices?

In 1965, President Lyndon Johnson issued Executive Order 11246 requiring all contractors and sub-contractors working on a project financed by more than $10,000 of federal funding (including Small Business Administration (SBA)...more

Holland & Knight LLP

California Legislature Passes Major Reforms for "Builder's Remedy" Projects

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California law requires cities and counties to regularly plan for new housing development and to prepare and adopt housing elements that formalize these plans. For those cities and counties that fail to adopt housing elements...more

Vinson & Elkins LLP

"Supreme Court Rules Most Collateral Warranties Are Not Construction Contracts" in Abbey Healthcare v Simply [2024] UKSC 23

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On 9 July 2024, the Supreme Court unanimously held that collateral warranties deriving from or reflective of the primary building contract, and merely promising continued construction, are not generally considered agreements...more

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