News & Analysis as of

Construction Disputes

Bradley Arant Boult Cummings LLP

Bidders Beware! Design-Builders Are at Risk Not Only for Defective Design Documents, But Possibly for Defective Bidding Documents,...

Historically, the Boards of Contract Appeals and Courts have reviewed design-builders’ reliance on government-provided conceptual drawings or bridging documents in support of constructive change claims under a reasonableness...more

Vinson & Elkins LLP

Technology, Infrastructure, and the Future of Disputes: A Conversation with Roberta Downey

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Roberta Downey, a seasoned disputes lawyer, shares how rapid innovation is transforming the construction industry, reshaping contracts, and presenting new challenges for legal teams worldwide. In your recent piece for The...more

Bradley Arant Boult Cummings LLP

Whose Terms Govern? An Introduction to the Battle of the Forms

For construction lawyers, the Battle of the Forms presents a familiar fact pattern. A material supplier/seller provides a potential buyer with a price quote along with its standard terms. The buyer, usually a contractor or...more

Bricker Graydon LLP

HB 497, Updating Several County Laws Including Those for Construction Projects, Is Now Effective

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House Bill 497 (HB 497) took effect on  April 9, 2025, and introduced various changes to the laws governing counties in Ohio. Below are some  key changes in HB 497 that impact county construction projects....more

Vinson & Elkins LLP

London Partner Roberta Downey Wired for Disputes: Tech, Infrastructure, and the New Frontier of Risk

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“We’re at a moment where the drive for innovation is clashing with the realities of risk.” – Roberta Downey In this video, London partner Roberta Downey examines how rapid technological change — from offshore wind to soaring...more

Morgan Lewis

Singapore Court of Appeal Sets Out Framework for Infra Petita Challenges

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In the recent case of DKT v. DKU [2025] SGCA 23, the Singapore Court of Appeal has, noting its observation of an “increasing tendency for disgruntled award debtors to abuse this ground of challenge on wholly unmeritorious...more

Allen Matkins

How are developers navigating uncertainty related to tariffs?

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“Tariffs are only part of the uncertainty in the market right now. Many clients, even those with entitled projects, have told me over the past several months that they were pausing on new construction due to interest rate...more

White and Williams LLP

Massachusetts’ Statute of Repose: Contract Claims vs. Negligence Claims

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In Trustees of Boston University v. Clough, Harbour & Associates LLP, 495 Mass. 682, the Supreme Court of Massachusetts held that the tort statute of repose for improvements to real property did not bar a contract claim where...more

Gordon Rees Scully Mansukhani

Construction Law Update - First Quarter 2025

GRSM’s Construction Group is pleased to publish the latest issue of our Construction Law Update, a quarterly take on trends of interest to design professionals, contractors, and developers throughout the country....more

Bradley Arant Boult Cummings LLP

Tracking Lien Law Requirements: Alabama

This is the first in a series of blog posts discussing lien requirements in states where we most frequently litigate and states with unique lien requirements. Alabama Lien Law Basics - Alabama’s statutory mechanic’s lien...more

J.S. Held

Lessons Learned from the Recent Ruling on Contractor Responsibilities in Delay and Inefficiency Claims

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The recent ruling in Berkley Insurance Company v. Suffolk Construction Company, issued by the United States District Court for the Southern District of Florida, has highlighted several significant lessons for subcontractors,...more

Akerman LLP

Tariff Troubles: Analyzing Construction Contracts in the Current Market

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2025 brought with it many new tariffs, and those tariffs seem to be changing on a near-daily basis. Given this, many in the real estate industry are understandably apprehensive about beginning new projects. Many more are...more

Mayer Brown

Legal Developments in Construction Law: May 2025

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1. ABSENCE OF NOVATION SINKS ADJUDICATION AWARD AGAINST ASSIGNEE - A contractor obtained an adjudication award against an assignee of its employer, which had gone into administration.  But was that assignee the correct...more

Hinckley Allen

Massachusetts Appeals Court Reaffirms Ways In Which Building Permits May Be Automatically Extended

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Those familiar with construction in Massachusetts know all too well the numerous types of building permits, approvals, orders of conditions, and the like that may be required to proceed with construction work on a given...more

BakerHostetler

[Podcast] Contract Crunch: The Impact of President Trump’s Tariffs on the Construction Industry

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In today's episode of Contract Crunch: The Impact of President Trump's Tariffs on the Construction Industry, we delve into the intricate world of tariffs and their extensive effects on the construction sector. We'll examine...more

J.S. Held

Explaining Standard of Care in Construction Disputes

J.S. Held on

Setting the Stage for Construction Litigation Support - The scale and complexity of construction projects often lead to a different outcome than expected, creating a dispute between the parties. Many construction disputes...more

Tyson & Mendes LLP

But I Didn’t Mean to Do It …

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As a father of three children, I have become intimately familiar with this defense to all manner of allegations (which, yes, often involve property damage). When it comes to coverage disputes, you often see insureds making...more

Gray Reed

Weathering the Storm – Part 3: Force Majeure in Construction Contracts

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Unexpected devastating weather events such as hurricanes, tornados, earthquakes, fires and other natural disasters can strike at any time, leaving construction projects in disarray. While Mother Nature is often unpredictable,...more

Harris Beach Murtha PLLC

In Massachusetts, does liability for negligent design or construction ever end?

In a decision with significant consequences concerning the amount of time after construction during which design professionals and contractors may be liable for defective services or work, the Massachusetts Supreme Judicial...more

Offit Kurman

How Long Is Too Long? What Statutes of Repose Mean for Your Liability Exposure

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How long are you on the hook for defects in a completed construction project? It’s a question that keeps many contractors and design professionals up at night—and for good reason. No project is flawless, and the duration of...more

Bradley Arant Boult Cummings LLP

Manifest Disregard Discarded: Fifth Circuit Limits Grounds to Vacate Arbitration Awards

“Manifest disregard of the law” is no longer a valid basis to challenge arbitration awards, at least not in the federal courts of Texas, Mississippi and Louisiana. Rather, according to the Fifth Circuit’s decision in U.S....more

Bradley Arant Boult Cummings LLP

Whiting-Turner Prevails in Wrongful Termination Dispute

A California appeals court has upheld a $5 million award in favor of Whiting-Turner Contracting Company and against the owner of a 12-story, Virgin-brand hotel in San Francisco. Whiting-Turner agreed to construct the hotel...more

Saul Ewing LLP

AIA Releases Updated Design-Build Forms

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Earlier this year, the American Institute of Architects (“AIA”) released updated form contract documents for traditional design-build (“Traditional DB”) construction projects and introduced a new set of progressive...more

Davis Wright Tremaine LLP

Contractor's Claim Denied: The Importance of Knowing Prior Projects in Differing Site Condition Disputes

In Skanska Civil USA Southeast, Inc. ASBCA Nos. 61220, 61347 (April 3, 2025), the Armed Services Board of Contract Appeals denied the contractor's claim for differing site conditions. The contractor asserted claims for...more

BCLP

"Battle of the Forms” in the Hong Kong Construction Industry

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What lawyers call a “battle of the forms” occurs when two parties, negotiating a contract, exchange conflicting standard terms during the contract negotiation and formation. This leads to the obvious and not uncommon dilemma:...more

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