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Thursday, May 28, 2020

The “New Normal” In Litigation Might Not Be That “New”

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The COVID-19 pandemic has nearly every industry reconsidering what “normal” actually means. And, as the pandemic continues, attorneys must a...
Wednesday, May 20, 2020

Maybe Relief for Public Contractors Should Come from Thoughtful Legislation

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With loss, comes suffering; and, when it comes to the coronavirus, loss exists in many forms. Attorneys across the country – particularly th...
Tuesday, May 19, 2020

Force Majeure Provisions in Construction Contracts and Supply Chain Disruption During the COVID-19 Pandemic

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The COVID-19 pandemic is having drastic effects on the construction industry across the United States. Various states have deemed residentia...
Thursday, May 7, 2020

Join The Covid-19 Leadership Roundtable Discussion on Force Majeure, Supply Chain Disruption, Delays and Claims - May 12 at 4 pm EDT

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A SPECIAL FORUM CRISIS SERIES In order to serve and provide resources to our Forum members, the greater ABA, and the general public, ...
Tuesday, April 28, 2020

"Pay-When-Paid": Is there a "Reasonable Time" for Subcontractors to Wait for Payment Once Contractor-Owner Litigation Ensues?

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Obviously, subcontractors prefer to be paid within a reasonable time, but the issue of what constitutes a “reasonable time” has been a conun...
Thursday, April 23, 2020

What the 1918 Flu Can Teach Us About COVID-19

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The COVID-19 pandemic shows no signs of sparing the construction industry. Nearly every jurisdiction has implemented some level of restricti...
Tuesday, April 21, 2020

INSIGHT: Best Practices for Conducting Remote Arbitration Hearings

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Two King & Spalding attorneys were one week into a two-week arbitration hearing when New York City shut down due to the coronavirus pand...
Saturday, February 1, 2020

Recent Decisions Clarify Statute of Repose

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A statute of repose bars claims against a defendant for a given period of time after completion of project. These statutes are stronger than...
Friday, March 1, 2019

But What About My Machines Just Sitting There? Fed Court Rules Only Some Idle Equipment Costs are Allowable in a Payment Bond Claim

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In 2010, the United States Army Corps of Engineers (USACE) entered into an agreement with Hirani Engineering & Land Surveying, PC (H...
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...