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Saturday, July 28, 2018

No Damages for Delay Clause? How About Damages for a Cardinal Change? Steel Erector Claims its 301 Day Delay Constitutes an Abandonment of the Subcontract and CA Fed Court Agrees.

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Sauer Incorporated (Sauer) entered into a design-build contract with the U.S. Army Corps of Engineers for the design and construction of t...
Saturday, July 21, 2018

Practice Tip: Clawback Agreements

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As construction attorneys, we're no strangers to voluminous productions of client documents and communications, both in electronic and h...

Bienvenue a Montreal!

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  Forum's Fall Meeting Oct. 4-5, 2018 Mark your calendar, make your reservations, and check those passports - The ABA Forum on C...
Monday, July 9, 2018

Subcontract Provision Requiring Subcontractor to Pass Through its Claims Does Not Prevent the Subcontractor From Suing to Recover Against Miller Act Bond

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Pinnacle Crushing & Constr. LLC v. Hartford Fire Ins. Co., 2018 U.S. Dist. LEXIS 67965 (W.D. Wa. Apr. 23, 2018) The Army Corps of Eng...
Friday, June 29, 2018

One Out of Eight Ain’t Bad: NH Court Rules First Reservation of Rights on Final Release for Project Long Claims is Enough to Sustain Lien Rights

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Design/builder IPS-Integrated Project Services (IPS) entered into a subcontract with Fraser Engineering (Fraser) for work on a new ph...
Friday, June 22, 2018

A Contractor's Second Chance - The Massachusetts Supreme Judicial Court Relaxes Rules to Establish Contract Performance & Equitable Claims

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In G4S Tech. LLC vs. Mass. Tech. Park Corp. , SJC-12397, -- N.E.2d --, (Mass. June 13, 2018) the Supreme Judicial Court of Massachusetts cl...
Thursday, May 24, 2018

In a Matter of First Impression, the Supreme Court Reverses Trial Court: No "Evident Miscalculation" in Arbitration Award

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auburn.family.edu The Supreme Court of Mississippi in D. W. Caldwell, Inc. v. W.G. Yates & Sons Constr. Co. , No. 2017-CA-00116-SCT...
Saturday, May 19, 2018

Should You Sign an Owner’s Final Release before Settling with Subs? Federal Court Denies Contractor’s Claim for Missed Subcontractor Costs After Signing General Release

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Merrick Construction (Merrick) was awarded a task order by the U.S. Army Corps of Engineers (USACE) in April of 2009 for work on a hurri...
Friday, April 13, 2018

Annual Meeting - Division 1 Breakfast Program - Litigation and Best Practices After the Storm

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  With moderator I'Ashea Myles-Dihigo guiding the discussion, an esteemed panel of Ed Everitt of Aptim; Dr. Norma Mattei, Dean of t...
Thursday, April 12, 2018

Michael D. Tarullo Honored with 2018 Cornerstone Award

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The Cornerstone Award, honoring a member of the Forum who has rendered long-term exceptional service to the construction industry, to the...

Division 1 Practicum - Delay Claims

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Handling delay claims can be one of the most confounding topics for construction litigators. During today's practicum, the experie...
Sunday, April 8, 2018

Warner Construction Consultants Reaction to I'Ashea Myles-Dihigo's Post: "Cost-Plus Contract and the Disorganized Contractor."

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Warner had sent me a reaction to I'Ashea's post concerning cost-plus contracts and I thought I would pass it along.  Great dialog...
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...