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California Court of Appeal Opens Doors for Construction Defect Claims Outside of the Right to Repair Act
Hogan Lovells and Middlesex University Dubai have conducted a survey to explore the current state of arbitration practices and future trends in the Middle East and North Africa (MENA) region. The survey focused on commercial...more
A recent holding in Fairfax County Circuit Court reinforces the importance of contractors giving timely claim notice to their insurers. The case, St. Paul Fire and Marine Ins. Co. v. HITT Contracting, Inc., decided on...more
During any construction project, unanticipated impacts and revisions to project scope, schedule and cost are almost inevitable. For example, access delays and disruptions arise, unusually severe weather conditions are...more
In episode 40 of the ABA Construction Law Today podcast, Hon. Nancy Holtz (Ret.), a Boston-based JAMS neutral, explores the critical role of timing in achieving optimal outcomes during construction mediations. Drawing on her...more
An Illinois federal court ruled in favor of steel subcontractor Nucor in its contract dispute with Direct Steel. The project involved the construction of pre-engineering metal buildings for the Army Corps of Engineers. The...more
Construction projects are complex and, when issues arise, it’s crucial to understand the different types of damages and how they are calculated. Whether you’re an owner or contractor, knowing the types of damages you may...more
Construction projects involve many moving parts, and when things go wrong—such as defects or failures—it’s crucial to understand who may be liable. Whether you’re a contractor, designer, owner, or manufacturer, each party has...more
Welcome to our 11th issue of 2024 for our construction industry insights e-newsletter - The Site Report. In this edition, we cover a wide variety of topics of interest for those in the construction industry—from a deep dive...more
An Idaho court has confirmed an arbitration award for a general contractor who left a project and did not return after being told by the owner to “get the f*** off my site.” The case involves the construction of five...more
On March 7, 2024, the Utah Supreme Court issued its decision in Sunstone Realty Partners X LLC v. Bodell Construction Company (2024 UT 9). The decision provides a cautionary tale for parties to a construction contract who may...more
In Swinerton Builders, Inc. v. Argonaut Insurance Co., Swinerton Builders, a contractor, sued a surety on bond claims arising from defaults by its subcontractor on a series of work orders. The owner of Swinerton’s mechanical...more
The construction industry is no stranger to complexity. As projects grow larger and more intricate, involving multiple stakeholders across various jurisdictions, the amount of data generated has surged exponentially. This...more
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
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
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
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
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
Construction projects are often complex, involving many parties, materials and systems. Likewise, many construction-related disputes are complex because they involve multiple parties as well as complex technical and legal...more
Dispute resolution provisions that grant one party the unilateral right to choose either litigation or arbitration to resolve disputes are common in the construction industry. The main difference between the two forums is...more
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
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
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
As Hurricane Helene makes landfall in the Southeastern United States, contractors will be halting work on projects throughout the region while awaiting the passage of the severe weather event. When the rain and wind subside,...more
Whether a construction dispute is subject to arbitration or court litigation, the parties to the dispute will most likely engage in a process to exchange their project files, project-related emails, and a myriad of other...more
A recent decision from the U.S. District Court for the Southern District of Florida demonstrates how facts supported by documents generated during the project can be vital to prime contractor/subcontractor disputes. In...more