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Gray Reed

Lien and Bond Claims in September 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 September. If you have any questions about the lien and bond claim process, don’t hesitate to reach out to any member of the Gray Reed...more

Robinson+Cole Construction Law Zone

Attorneys’ Fees and the American Arbitration Association Rule

A common question from clients, when a dispute arises on a construction project, is whether they can recover their attorney’s fees from the other side if they pursue a case and win. More often than not, such fees are not...more

Robinson+Cole Construction Law Zone

Second Circuit Affirms Win for General Contractor on No Damages for Delay Provision

In NASDI, LLC v. Skanska Koch Inc. Kiewit Infrastructure Co. (JV), 2024 WL 1270188 (2d Cir. Mar. 26, 2024), the U.S. Court of Appeals for the Second Circuit affirmed the District Court’s grant of summary judgment dismissing a...more

Gray Reed

Lien and Bond Claims in May 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 May....more

Stoel Rives -  Ahead of Schedule

Drafting Real Estate Documents With Project Permitting in Mind

In the dynamic world of real estate development, the orchestration of real property documents (such as leases, easements, or purchase agreements that are collectively referred to here as “site control documents”) plays a...more

Sheppard Mullin Richter & Hampton LLP

A Potential Big Win for Real Estate Developers in Illinois: CGL Coverage for Property Damage from Defective Work

Illinois may have just opened a new door for developers and owners for insurance coverage when it comes to defective construction work and commercial general liability (“CGL”) coverage. Based on the recent Illinois Supreme...more

Troutman Pepper

I Lived It: Litigator Provides His Perspective on Solar Warranty Claims

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This article explores practical steps a solar array owner or operator can take now to better position itself to make warranty-related claims five, 10 or even 25 years into the future. These tips are based on my experience...more

Mayer Brown

Legal Developments In Construction Law: January 2024

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Notice of adjudication – how important is that? Included in a number of jurisdictional challenges to an adjudication award was a claim that the notice of adjudication was defective, in not complying with the...more

Carr Maloney P.C.

“Pay-if-paid” and “Pay-when-paid” Clauses in Maryland and the District of Columbia

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General Contractors may seek to condition payments to Subcontractors by using “pay-if-paid” or “pay-when-paid” clauses in their contracts. Typically, as the name suggests, pay-when-paid provisions concern the timing of...more

Perkins Coie

Illinois Supreme Court Issues Landmark Construction Insurance Coverage Ruling

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In Acuity v. M/I Homes of Chicago, the Illinois Supreme Court overturned years of lower court precedent and established that “property damage” in the context of construction defect or faulty workmanship claims exists...more

Nossaman LLP

Construction & Claims: July 2023

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Welcome to Construction & Claims, a periodic digest of the headlines, statutory and regulatory changes and court cases involving construction news, claims, bid protests, contract administration and payment-related disputes....more

Shumaker, Loop & Kendrick, LLP

"Arbitration Agreements in Residential Construction Contracts," ActionLine Spring 2023

Since July 2019, Florida has seen an influx of over 550,000 new residents, driven in large part by economic migration from other states. This population growth has been accompanied, at least until the third quarter of 2022,...more

Bilzin Sumberg

Florida Legislature Enacts Major Changes to the Statute of Repose for Construction Defect Claims

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On April 13, 2023, governor Ron DeSantis signed Senate Bill 360 (“SB 360”) into law, which drastically reduces the time limit for property owners to file suit against builders and construction professionals for construction...more

Butler Weihmuller Katz Craig LLP

Florida’s Shortened Statute of Repose for Construction Defect Claims

On April 13, 2023, and as part of other recent tort reform measures implemented in Florida, Governor Ron DeSantis signed Senate Bill 360 into law. This most recent bill makes changes to, among other laws, Florida Statute...more

Robinson+Cole Construction Law Zone

Agree First or it May Cost You Later

Business relationships often begin before parties execute a written agreement containing the terms and conditions by which the relationship will be governed.  With little more than a Letter of Intent (“LOI”) or Letter of...more

Perkins Coie

Subway Construction Work Did Not Inversely Condemn Hotel Property

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A hotel owner brought a lawsuit against a county transportation authority and a general contractor for nuisance and inverse condemnation alleging that the construction of an underground subway line disrupted the operation of...more

Robinson+Cole Construction Law Zone

Terminator Beware

Terminating a contract is a serious and sometimes risky decision. Whenever a client seeks advice regarding termination, a lawyer should stress the importance of strict compliance with the contractually specified termination...more

Winstead PC

[Webinar] Real Estate Lunch & Learn: Defending Defects Part 2 - August 11th, 12:00 pm - 1:00 pm CT

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Even with strong documents designed to minimize liability, claims still occur. Implementing a comprehensive defense strategy from the very first notice of claim can be the difference between victory or defeat. Join...more

Robinson+Cole Construction Law Zone

Massachusetts Appeals Court Strictly Construes Prompt Payment Act

On June 7, 2022, the Massachusetts Appeals Court issued an opinion of first impression regarding the Massachusetts Prompt Payment Act, G.L. c. 149 § 29E (the “Act”).  In Tocci Building Corp. v. IRIV Partners, LLC, Appeals Ct....more

Sands Anderson PC

Handling Construction Changes During the Eminent Domain Process

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Any project involving the exercise of eminent domain includes the strong likelihood that there will be a series of changes during the planning and construction phases. Yet, while construction needs may warrant a change in the...more

Winstead PC

[Webinar] Real Estate Lunch & Learn: Defending Defects - March 3rd, 12:00 pm - 1:00 pm CT

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In the building industry, a predetermined strategy and response to construction defect claims are important factors to minimizing liability. Join Winstead attorney Frank Carroll as he outlines how to use governing...more

Pullman & Comley, LLC

Bonding Off Mechanic's Liens:  Not Just for Property Owners

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Property owners are often confronted with a contractor threatening a mechanic’s lien on their property. These liens may stem from a dispute between them and their contractor, or even between a subcontractor and a general...more

Stoel Rives -  Ahead of Schedule

Tips on Termination: Recent Washington Case Examines Parties’ Rights

Owners and contractors should consider the recent Washington Supreme Court decision Conway Construction Co. v. City of Puyallup, which emphasizes the importance of carefully drafting, and following, a construction contract’s...more

Bricker Graydon LLP

Ohio appellate court awards consequential damages for contractor’s failure to achieve substantial completion due to recklessness

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When a contractor indicated indifference to executing a project on schedule and failing to meet the substantial completion date, an Ohio appellate court found that the contractor’s actions constituted recklessness and, based...more

Burr & Forman

That’s A Goocher: SD Court Finds Enforceable Construction Contract Despite Lack of Time Component

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What’s a goocher?  If you saw the movie, Stand By Me, then you know exactly what I mean.  And there are times when parties to a construction contract face a goocher. ...more

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