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Appellate Courts › Construction Project

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

Marshall Dennehey

Competent, Substantial Evidence Is the Name of the Game in Construction Disputes

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Q.D.S. Development, Inc. v. National Lining Systems, Inc., 2024 WL 357984 (Fla. 3d DCA Jan. 31, 2024) - It is common in construction disputes between sophisticated parties for the parties to agree to engage in a bench trial,...more

Troutman Pepper

Pennsylvania Appellate Court Clarifies Recovery and Service Requirements of Mechanics’ Lien Law

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The Superior Court of Pennsylvania concluded 2023 by issuing two opinions that clarify (1) the costs recoverable under the Lien Law and (2) the requirements for perfecting service of a lien claim. Two key takeaways are...more

Perkins Coie

Bond Properly Required for Challenge to Affordable Housing

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A local organization appealed the denial of its challenge to the approval of an affordable housing project and disputed the trial court’s order requiring it to post a bond. The Court of Appeal rejected plaintiff’s contentions...more

Porter Hedges LLP

A Cautionary Tale For Contractors: Releases In Contract Modifications And Preservation Of Claims

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The Houston First Court of Appeals of Texas recently affirmed a trial court’s decision wiping out a whopping $17 million claim brought by a contractor against an owner for acceleration costs, holding that the claim was barred...more

Shutts & Bowen LLP

Objecting to a Real Estate Project in Florida Carries a Risk of Liability

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By refusing to hear an appeal of a decision by a Florida appellate court, the US Supreme Court effectively sided with a developer who won a multi-million judgment against someone who tried to undermine the developer’s...more

Perkins Coie

Completion of Construction Did Not Render Suit for Violation of Public Bidding Laws Moot

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A claim that a contract for construction of a school violated public bidding requirements did not become moot after construction was completed because effective relief — in the form of disgorgement of public funds paid to the...more

Bradley Arant Boult Cummings LLP

Kentucky Fried Claim: Contractor Preserves Immunity from Suit by Complying with Government Contract Specifications

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Recently, in Cross v. L-M Asphalt Partners, Ltd., the Kentucky Court of Appeals upheld a contractor’s immunity from suit for negligence, where the contractor complied with the contract and construction specifications provided...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Asbestos/Duty to Maintain: Court of Appeals of Washington Addresses Housing Authority Violation

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The Court of Appeals of Washington, Division 1 (“Court of Appeals”) in a June 8th opinion affirmed a King County Superior Court’s (“Superior Court”) decision addressing issues involving application of the state’s asbestos...more

White and Williams LLP

Parties’ Agreement Doesn’t Pull the Trigger on California’s Statute of Repose

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In Hensel Phelps Constr. Co. v. Superior Court, 257 Cal. Rptr. 3d 746 (Cal. Ct. App. 2020), the Court of Appeals of California, Fourth Appellate District, addressed whether a party’s contractual definition of the phrase...more

Pullman & Comley, LLC

Appellate Court Notes - Week of August 26, 2019, (SC 20131) Department of Transportation v. White Oak Corporation (Collateral...

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(SC 20131) Department of Transportation v. White Oak Corporation (collateral estoppel and statutory off-sets) - In this decision, the Supreme Court concluded that the State could reduce the amount of damages it was ordered...more

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