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Friday, March 23, 2018

Federal Circuit Affirms Absence of Differing Site Condition But Remands for Delay Claim

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Mary C. Oswell collection, Bonita Museum, available at http://sunnycv.com/southbay/exhibits/water.html   The case Meridian Eng'g C...
Saturday, March 17, 2018

Substantial Completion or Final Acceptance? 11th Circuit Rules Statute of Limitations had Run on Supplier's Bond Claim

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The timing of bond claims is the focus of the dispute in Devin Strickland v. Arch Insurance Company  which was recently ruled upon by the E...
Saturday, February 24, 2018

Pay-if-Paid Enforced Opening Door to Subcontractor Claim Against Owner

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  https://libeskind.com/work/the-ascent-at-roeblings-bridge/ In Superior Steel, Inc. v. Ascent at Roebling's Bridge, LLC , No. 2...
Friday, February 16, 2018

Its Good to be the King: GA County Avoids Payment on Thirty Open Change Orders by Claiming Sovereign Immunity

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Fulton County, Georgia (County) entered into a contract with SOCO Construction Company, Inc. (SOCO) in 2013 to construct the Aviation C...
Saturday, February 3, 2018

Signature Required: The Nuances in the Tennessee Uniform Arbitration Act (TUAA) in Residential Construction, Interstate Commerce and the Federal Arbitration Act (FAA)

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By: I’Ashea Myles-Dihigo, Esq. Arbitration continues to be the preferred method in the resolution of many construction dispute case...
Wednesday, January 24, 2018

Midwinter Meeting - D1 Breakfast Program - Getting it Right Early: Expert Retention Best Practices

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It's no secret that construction disputes frequently involve one or more expert witnesses on each side. Our Division 1 panel -- Joshua B...
Saturday, January 20, 2018

Risky (shifting) Business: Pay-if-Paid Provision Enforced to Subcontractor's Detriment

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In  Baker Concrete Const., Inc. v. A. Pappajohn Co. , No. FSTCV166028187S, 2017 WL 4106383, at *1 (Conn. Super. Ct. 2017), at issue was the ...
Sunday, January 14, 2018

Court Finds Arizona’s Prompt Payment Act does not Apply to Federal Projects in a Subcontractor Payment Dispute

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In 2013, The National Park Service (NPS) contracted with Caymus Corporation (Caymus) in the amount of $292,300 to furnish and install r...
Saturday, December 23, 2017

Suit Up: Fla. Supreme Court Holds Statutory Defect Notice is a "Suit" Under CGL Policy

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https://www.getrefm.com/wp-content/uploads/2015/03/condo_construction.jpg Recently, the 11th Circuit was presented with an appeal concer...
Saturday, December 16, 2017

Are Your Punch Lists Signed Off and O&Ms Submitted? NJ Court Rules not Delivering all Closeout Items Could be a Basis for Withholding Final Payment for Over Two Years

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General Contractor Wallace Brothers, Inc. (Wallace) entered into a contract with the East Brunswick Board of Education (Board) for the co...
Thursday, December 7, 2017

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The early bird deadline to sign up for the Midwinter Meeting in Fort Myers, Florida, is tomorrow ! This program, which is focused a...

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Montana Supreme Court Holds That a Waiver of Consequential Damages and a Partial Limitation of Liability in a Design Contract Are Not Con...

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Federal Court Holds That, Under Louisiana Law, a Contractor Need Not Show a Total Work Stoppage to Recover Extended Home Office Overhead U...
Tuesday, November 21, 2017

Make Sure Delay Claims are Timely and Discrete: MI Court Finds $3,000/Day Liquidated Damages are Enforceable on a Project 644 Days Late

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In December of 2007, specialty contractor Abhe & Svboda, Inc. (ASI) entered into a contract with the Michigan Department of Transpo...
Friday, October 27, 2017

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Enjoy the post from I'Ashea Myles-Dihigo: Money for Women and Minority Owned Contracting Businesses… An Introduction to Winning ...