Residential Contractor Boot Camp
Construction Delays in the Time of Coronavirus: A Legal Perspective
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
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
Use this guide as a reference when filing lien and bond claim notices for the month of December....more
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
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
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
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
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
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
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
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
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
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
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
In Appeal of – JE Dunn Construction Co., the Armed Services Board of Contract Appeals considered and denied the government’s post-hearing motion to dismiss JE Dunn’s complaint for failure to submit sums certain for each of...more
Use this guide as a reference when filing lien and bond claim notices for the month of November....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