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Construction Litigation

Davis Wright Tremaine LLP

From Confusion to Clarity: A Guide to Handling Concurrent Delays in Construction Projects

Over the years, general contractors and commercial developers have debated their rights during a concurrent delay. When a concurrent delay happens, the question arises: should the general contractor receive a) an extension of...more

HaystackID

[Webinar] Protect Sensitive Data and Control Costs: An eDiscovery Blueprint for the Construction Industry - January 29th, 11:00 am...

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The construction industry faces unique challenges in eDiscovery, from managing vast data volumes to protecting sensitive communications and plans. HaystackID®’s upcoming webcast will explore practical and advanced artificial...more

Saiber LLC

The Saiber Construction Law Column: December 2024

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The legal concept of “privity of contract” is a common law principle which provides that only parties directly involved in a contract can enforce its terms or be held liable for its obligations. This means that third parties...more

Amundsen Davis LLC

[Webinar] Tenth Annual Construction Industry Legal Power Seminar - January 23rd, 8:00 am - 12:00 pm CT

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Join our interdisciplinary panel of Amundsen Davis attorneys for a half-day livestream seminar highlighting the key issues and emerging trends impacting the construction industry. With an eye toward 2025 and beyond, sessions...more

Hogan Lovells

Proving causation of loss is key in professional negligence claims

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Duty, breach and damage are the three essential elements of a claim in contract or tort. Demonstrating breach of a duty is insufficient on its own to found liability. A claimant must demonstrate that the breach is the cause...more

Gray Reed

Lien and Bond Claims in January 2025: Dates to Remember

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Use this guide as a reference when filing lien and bond claim notices for the month of January. Lien and Bond Claim Notices and Filings Required by: January 15, 2025...more

Woods Rogers

Contractor’s $25M Insurance Claim Waived Because of Untimely Notice to Insurer

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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

Bradley Arant Boult Cummings LLP

Lost Productivity Damages in Construction: The Modified Total Cost Method

Here at Bradley we frequently represent clients pursuing or opposing claims for lost productivity on construction jobs. The gist of those claims is that something happened which decreased productivity and thereby increased...more

Bradley Arant Boult Cummings LLP

Put Up or Shut Up: Court Grants Summary Judgment for Steel Sub in Price Escalation Clause Dispute

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

Porter Hedges LLP

Choice of Law and Federal Preemption: Why Texas Law May Not Govern Your Texas Project Despite the Home Rule Statute

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When entering into construction contracts, the question of which state’s laws will govern is a pivotal consideration. Choice of law has real-world implications for how construction disputes are resolved. Different states have...more

Gray Reed

Lien and Bond Claims in December 2024: Dates to Remember

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Use this guide as a reference when filing lien and bond claim notices for the month of December....more

Bradley Arant Boult Cummings LLP

Don’t Put Too Much on Your Plate: Practical Advice for Thanksgiving (and Drafting a Complaint)

It’s that time of year again when we Americans stop and give thanks for all that has been provided to us by gathering with friends and family to gorge ourselves on food. The traditional Thanksgiving meal, at least where I am...more

Mandelbaum Barrett PC

Preventing and Resolving Construction Disputes: Understanding Liability

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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

Spilman Thomas & Battle, PLLC

The Site Report - Construction Law Insights, Issue 11, November 2024

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

Spilman Thomas & Battle, PLLC

Federally Funded Projects and Minority/Women-Owned Businesses – A Legal Lesson

It may seem obvious that construction companies and federal agencies, such as the Department of Transportation, are to adhere to the federal regulatory statutes for federally funded construction projects, but you would be...more

Hicks Johnson

The 23rd Annual Energy Litigation Conference: Key Takeaways Regarding Construction Litigation Issues on Renewable Projects

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Last week we were lucky enough to attend the Institute of Energy Law’s 23rd Annual Energy Litigation Conference in Houston, TX, and hear its unique collection of industry professionals exchange insights and address some of...more

Bradley Arant Boult Cummings LLP

Get the F*** Off My Site! Court Upholds Verbal Contract Termination

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

Snell & Wilmer

What’s In Your Best Interest? Summary of a Recent Utah Supreme Court Case on Post-Judgment Interest in a Construction Case

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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

Snell & Wilmer

Caution: Penal Sum of Bond May Not Be the Limit

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A couple of years ago, a California court rendered an opinion that a surety is liable for attorney’s fees and costs even if the amount exceeds the penal sum of the bond. (Karton v. Ari Design & Constr., Inc.). This was...more

Kohrman Jackson & Krantz LLP

Changes to Ohio’s Home Construction Law: Benefits and Burdens for Remodelers and Consumers

Ohio made a significant change to its law governing home construction services, introducing an amendment that impacts both contractors and homeowners. House Bill 50 (H.B. 50), signed by Governor Mike DeWine in June 2024,...more

Snell & Wilmer

Utah Court of Appeals Provides Guidance on Exception to Bar Unlicensed Contractors From Suing to Collect Compensation

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Utah law provides that a contractor may not seek “collection of compensation” in court for any work that requires a license if, at the time the contractor entered into the contract, the contractor was not licensed. The Utah...more

Bradley Arant Boult Cummings LLP

Alabama Supreme Court Overturns Directed Verdict in Workplace Injury Lawsuit

On November 8, 2024, in Marina v. Bama Reinforcing, LLC, the Alabama Supreme Court addressed a trial court’s directed verdict on an injured construction worker’s negligence action. The worker was employed as a concrete...more

Snell & Wilmer

An Introduction to the New Texas Business Courts

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It has been approximately two months since the newly established Texas business court system began accepting its first filings on September 1, 2024. This article provides a brief introductory overview of this new court system...more

Bradley Arant Boult Cummings LLP

The Power of Incorporation Compels You: Surety Succeeds in Compelling Contractor to Arbitrate Bond Claims Pursuant to Arbitration...

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

TransPerfect Legal

Data Management Developments in Construction Disputes

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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

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