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Construction Industry Contractors Construction Disputes

Bradley Arant Boult Cummings LLP

Court Separates Facts from Fiction – Lack of Supporting Project Documents Dooms Contractor

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

Snell & Wilmer

Mechanics’ Liens: Misapplication of a “Blanket Lien” Under Colorado’s General Mechanics’ Lien Act

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A mechanics’ lien affords unpaid contractors, subcontractors, laborers, and/or material suppliers a security interest in the property’s real estate and title. A blanket lien is a type of mechanics’ lien that covers more than...more

Smith Debnam Narron Drake Saintsing & Myers,...

Five of the Most Common Construction Disputes that Require Construction Lawyers

Construction projects are often complex endeavors involving multiple parties, intricate contracts, and significant investments. Despite meticulous planning, disputes can arise, posing challenges that require legal expertise...more

Blake, Cassels & Graydon LLP

Colombie-Britannique : La Cour d’appel se prononce sur les arrangements directs entre propriétaire et sous-traitant

Dans l’affaire Pinnacle Living (Capstan Village) Lands Inc. v. Fairway Recycle Group Inc. (l’« affaire Pinnacle Living »), la Cour d’appel de la Colombie-Britannique (la « CACB ») s’est récemment penchée sur la capacité d’un...more

Blake, Cassels & Graydon LLP

B.C. Court of Appeal Rules on Direct Owner-Subcontractor Arrangements Under Builders Lien Act

In Pinnacle Living (Capstan Village) Lands Inc. v. Fairway Recycle Group Inc. (Pinnacle Living), the British Columbia Court of Appeal (Court) recently considered the ability of an owner to obtain a discharge of a lien by...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Industry Insights, Issue 3, March 2024

Welcome to our third issue of 2024 for our construction industry insights e-newsletter - The Site Report. In honor of last week’s Women in Construction Week, last Friday’s International Women’s Day, and Women’s History...more

Bradley Arant Boult Cummings LLP

Wait, Is My Lien Waiver Enforceable?

If you get into a construction dispute concerning payments made to your contractor, subcontractor, or supplier, you want to be sure that your lien waivers are enforceable in your jurisdiction. A lien waiver is an agreement...more

Bradley Arant Boult Cummings LLP

Pay Attention to the Fine Print! Court Enforces Broad Release in Change Order to Deny $25M Claim

A Texas court has rejected a pipeline contractor’s $25 million claim for additional costs based on broad release language include in an executed change order (see Wood Group, USA v. Targa NGL Pipeline Company, LLC, No....more

Saiber LLC

The Saiber Construction Law Column: May 2023

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Many construction contracts contain arbitration provisions because arbitration is a faster and less expensive way to resolve disputes as compared to litigation. Thus, New Jersey’s public policy strongly favors arbitration as...more

Rumberger | Kirk

Win for Contractors on Start Time of Florida Construction Statute of Repose

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Last October, Rumberger attorney Jason Bullinger and attorney Dan Webster at Daniel J. Webster, P.A. obtained a win for Florida contractors, engineers, and architects in Florida by persuading a Volusia County Circuit judge...more

Bradley Arant Boult Cummings LLP

Damages in Construction Claims: Are “Actual Costs” Actually Required?

The golden standard for the measure of damages in a construction case alleging defective or incomplete work are the actual costs of completion or repair. That is to say, if there is a breach (or multiple breaches) of quality...more

Bradley Arant Boult Cummings LLP

It’s a Family Affair: SCOTX Compels Non-Signatory Minor Children to Arbitrate Their Construction Defect Claims with Signatory...

A novel question arose over the past few years in residential construction law as to whether minors were subject to the contractual provisions in their parents’ purchase or construction contract. The contract typically has a...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Law Insights, Issue 12, December 2022

Welcome to the 12th and final issue of the year for The Site Report. Top Three Construction Disputes and How to Avoid Them - Construction professionals sometimes feel as if it is déjà vu when it comes to disputes—and they...more

Bennett Jones LLP

Prompt Payment and Construction Lien Act Now in Force in Alberta—What You Need to Know

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In an attempt to reduce delayed payment periods in Alberta, on August 29, 2022, the Prompt Payment and Construction Lien Act (the PPCLA) came into force replacing the Builder's Lien Act (the BLA). Although most of the BLA was...more

Bradley Arant Boult Cummings LLP

Construction Law History Lesson No. 1: What Do Thomas Jefferson and Mechanics Liens Have in Common?

Construction law is NOT boring, at least that’s what I tell my daughters. In these series of posts, I will explore some of the VERY interesting historical facts about construction law that can be used at your next motion...more

Bennett Jones LLP

Prompt Payment Legislation in Alberta: Coming to Alberta on August 29, 2022

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The Alberta Government has now confirmed that the Builders’ Lien (Prompt Payment) Amendment Act, 2020 (BLA) will come into force on August 29, 2022 when the Alberta Builders' Lien Act, will become the Prompt Payment and...more

White & Case LLP

Managing construction risks in Asia-Pacific: Singapore

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With a significant and coherent body of case law on construction disputes, Singapore is a hub for resolving many construction disputes across the Asia-Pacific region. Singapore is a vibrant country in Southeast Asia. With...more

White & Case LLP

Extensions of time in construction projects: prospective or retrospective delay analysis?

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Contractors' extension of time (EOT) entitlements and associated financial rights are always to be assessed pursuant to the applicable contract mechanism. A recurring question is whether EOT entitlements are to be determined...more

Cohen Seglias Pallas Greenhall & Furman PC

Securing and Protecting Home-Field Advantage in Construction Litigation

In construction litigation, home-field advantage is a concept that arises quite frequently. Certainly, in the sports world where we are used to hearing this term, home-field advantage is a controversial phenomenon. But, in...more

Perkins Coie

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

Perkins Coie on

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

Blake, Cassels & Graydon LLP

Alberta Introduces Significant Amendments to the Builders’ Lien Act

The Government of Alberta recently introduced the Builders’ Lien (Prompt Payment) Amendment Act, 2020 (Bill) in the Alberta Legislature. The Bill proposes, among other things, the introduction of prompt payment legislation...more

Akin Gump Strauss Hauer & Feld LLP

The Court of Appeal in England & Wales Curtails Use of Liquidated Damages for Delay

In international construction arbitration, the use of liquidated damages to address the consequences of failure by a contractor to finish the works by the date set for completion is widespread. Typically, the contractor...more

Cohen Seglias Pallas Greenhall & Furman PC

[Webinar] How to Get Paid: Tips and Tricks for Construction Companies in DC, Maryland, and Virginia - March 28th, 12:00pm ET

Getting paid on time is essential to running a construction business. And the bigger the job, the bigger the risk it can pose to your company. Fortunately, there are a number of tools available to help contractors,...more

Kilpatrick

Floating On Assumption: Navigating Questions of Project Float Ownership

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Construction project schedules are oftentimes the source of many disputes between project owners and contractors. These disputes notoriously evolve into the subject of litigation and arbitration claims that assign fault for...more

Snell & Wilmer

Design Professional Best Practices for Successful Project Delivery and Loss Prevention

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...The design professional may want to consider recommending to the owner/client an appropriate scope for site investigation. If scope is limited due to budget, that should be documented. The design professional may want to...more

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