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Affirmative Defenses Construction Contracts

Nutter McClennen & Fish LLP

Massachusetts Supreme Judicial Court Interprets Prompt Pay Act for the First Time

On June 17, 2024, the Supreme Judicial Court (SJC) issued its first decision interpreting the Massachusetts Prompt Pay Act (the “PPA”). In Business Interiors Floor Covering Business Trust v. Graycor Construction Co., Inc.,[1]...more

Buchalter

Contract Void Ab Initio: Key Insights into the KBR vs. Corps of Engineers Affirmative Defense

Buchalter on

In a recent Board decision dated December 13, 2023, the United States Army Corps of Engineers sought to amend its answer in the case of APPEALS OF – KELLOGG BROWN & ROOT SERVICES, INC., under Contract No. W912GB-13-C-0011....more

Seyfarth Shaw LLP

Don’t Leave Me Twisting in the Wind: ASBCA Paves Way for Potential Subcontractor Recovery for Pandemic-Related Claims

Seyfarth Shaw LLP on

In a significant ruling, the Armed Services Board of Contract Appeals "(Board)" denied a government motion to dismiss claims from McCarthy HITT - Next NGA West JV, a joint venture under contract with the US Army Corps of...more

Cole Schotz

Is Your Force Majeure Or Unavoidable Delay Notice Ready?

Cole Schotz on

As the novel coronavirus, known as COVID-19, and the associated illness spreads around the world and the number of confirmed cases in the United States rises, disruptions to construction projects are inevitable. These...more

Troutman Pepper

Owner Did Not Waive Right to Damages by Terminating Design Contract for Convenience

Troutman Pepper on

Chinese Hosp. Ass’n v. Jacobs Eng’g Grp., Inc., 2019 BL 330340, 2 (N.D. Cal. Sept. 03, 2019) - This case arises out of the alleged breach of contract and defective design for the construction of a new hospital in San...more

Troutman Pepper

GAR Know-How Construction Arbitration - United States

Troutman Pepper on

Legal System - 1. Is your jurisdiction primarily a common law, civil law, customary law or theocratic law jurisdiction? Are the laws substantially derived from the laws of another jurisdiction and, if so, which? What...more

Bradley Arant Boult Cummings LLP

Failure by Injured Party to Take Reasonable Action May Limit Recovery - Construction and Procurement Law News, Q2 2018

There are instances where a party’s breach of the construction contract is undisputed. However, the amount of recoverable damages often hinges on the injured party’s own conduct both during and following that breach. The...more

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