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Thursday, January 31, 2019

Midwinter Meeting Lunch Presentation: Los Angeles Rams Stadium

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Fantastic panel discussion about the Los Angeles Rams Stadium Project, currently under construction, including the unique and challenging ...
Monday, January 21, 2019

Economic Loss Doctrine - New from Rhode Island

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The Rhode Island Supreme Court recently weighed in on the application of the economic loss doctrine to a construction dispute between two c...
Monday, January 14, 2019

Register Now: the 2019 Midwinter Advocacy Practicum

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Please remember to sign up for 2019 Midwinter Advocacy Practicum, which will take place on January 30, 2019 at 1:00 to 5:00 PST at the Mil...

Federal Circuit, Citing the Christian Doctrine, Holds That Performance and Payment Bonds Are Required for All Construction Contracts, Even When the Bonding Requirement Is Not Expressly Stated in the Contract

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K-Con, Inc. v. Sec’y of the Army, 2018 U.S. App. LEXIS 31196 (Fed. Cir., November 5, 2018) In September 2013 K-Con, Inc. (“K-Con”) entered...
Wednesday, November 21, 2018

Contractor Submits $4.5M Claim for Differing Site Conditions, Fed Court Rejects and then Imposes Liquidated Damages for $400K

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The U.S. Court of Federal Claims shows contractors once again the dangers that can exist when pricing a performance specification and th...
Saturday, November 10, 2018

Ohio Supreme Court: Subcontractor Defective Work Not an "Occurence"

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The Ohio Supreme Court, in Ohio Northern University v. Charles Construction et al . Slip Op. No. 2018-Ohio-4057, recently issued a decision ...
Sunday, September 23, 2018

When a CM Issued Owner-Disputed Subcontractor Progress Payments, It Did so at Its Own Risk and Cannot Recover Costs Ohio Appeals Court Rules

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In early 2004, Manley Architectural Group (MAG) entered into an architectural services agreement with Dr. Steven Santanello (Santanello)...
Saturday, September 15, 2018

Divided Massachusetts Supreme Judicial Court Holds Statute of Repose Bars Alleged Unfair and Deceptive Acts Claims Against Contractor

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The Supreme Judicial Court of Massachusetts in Bridgwood v. A.J. Wood Construction, Inc . , 2018 WL 4100644 (Mass. 2018) held that statut...
Thursday, August 16, 2018

But There’s a Catch—California’s Wage-Credit Restrictions on IAFs Still Stand

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*Thanks to Rebecca D. Takacs, a construction litigator, with Oles Morrison Rinker &Baker LLP in Oakland, California.  Rebecca is a mem...
Friday, August 3, 2018

Consequences for Exceeding the Limit…Maybe…

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By: I’Ashea Myles-Dihigo Leitner, Williams, Dooley & Napolitan Sometimes I speed…okay, most times I speed.   Not anything danger...
Wednesday, August 1, 2018

Federal Government Escapes Liability in Class Action Seeking Recovery of Damages Caused by Hurricane Katrina

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This post comes from Mike Lane, a new contributor to the Dispute Resolver.  Mike practices construction law at Riess LeMieux, LLC in New...
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...