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Wednesday, August 31, 2016

US Supreme Court False Claims Act Decision in Escobar Has Significant Implications for Contractors

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Marion T. Hack, Partner , Pepper Hamilton LLP John H. Conrad, Associate ,  Pepper Hamilton LLP On June 16, 2016, the U.S. Supreme Court...
Thursday, August 18, 2016

Materials "Considered" by Construction Expert Are Off Limits

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The Rhode Island Supreme Court, in Cashman Equipment Corporation, Inc. v. Cardi Corporation , Inc. interpreted Rule 26 of the R.I. Superi...
Friday, August 12, 2016

Is 30 Days Enough Time to Fully Arbitrate and Issue an Award for a Claim on a Partial Parking Garage Collapse? Federal Court Says Let the Arbitrator Decide

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The plaintiff in Tribal Casino Gaming Enterprise v. W.G. Yates & Sons Construction Company et al entered into a contract for the exp...
Friday, August 5, 2016

In the U.S. Fifth Circuit, It Remains Undecided Whether Manifest Disregard of the Law or an Award’s Violation of Public Policy Are Grounds to Vacate an Arbitration Award

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While most posts on this blog usually discuss notable court decisions that resolve otherwise undecided issues, this post discusses a recent...
Wednesday, August 3, 2016

Western District of Virginia Confronts Several Legal Issues That Frequently Impact Multi-Party Construction Disputes – Economic Loss, Damage to Other Property, Third Party Beneficiary Status, Warranties, Subrogation, and Third-Party Joinder

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Robert A. Gallagher, Associate , Pepper Hamilton LLP Allstate Insurance Company v. Structures Design/Build, LLC, 2016 U.S. Dist. LEXIS 34...
Thursday, July 21, 2016

There's no such thing as too much communication...Or is there?

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In the matter of C.G. Schmidt, Inc. v. Permasteelisa North America the 7th Circuit decided that it indeed is possible for too much communic...
Friday, July 15, 2016

Does a Change in Retention Payment Terms Trigger the Prompt Payment Statute? California Appeals Court Says No.

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In Blois Construction, Inc. v. FCI/Fluor/Parsons , the defendant entered into a contract in 2006 with Exposition Metro Line Constructi...
Tuesday, July 5, 2016

D1 Steering Committee Meeting Minutes - June 20, 2016

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Division 1: Litigation and Dispute Resolution conducts a monthly conference call of its Steering Committee and other friends/volunteers ...
Friday, July 1, 2016

Fifth Circuit Considers Allocation of Risk of Defective Plans and Specifications in Reversing $1.29 Million Judgment Entered in Favor of Contractor

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Jeffery R. Mullen, Associate , Pepper Hamilton LLP Dallas/Fort Worth International Airport Board v. INET Airport Systems, Inc., et al., 2...
Thursday, June 23, 2016

Pair of Cases Concerning Pay-if-Paid Provisions

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Within the last month, two decisions with two outcomes were issued concerning "pay-if-paid" provisions. Observe that a "pa...
Friday, June 17, 2016

Ohio Supreme Court Reinstates Assessment of Liquidated Damages Equal to 40% of Original Contract Value in Public Works Project

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In Boone Coleman Construction, Inc. v. TheVillage of Piketon (2016 Ohio 628), the Ohio Supreme Court reviewed its liquidated damages prece...
Friday, June 10, 2016

Division 1 Steering Committee Meeting Minutes - May 16, 2016

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Moving forward we will be posting the Division 1 Steering Committee Meeting Minutes to the Blog.   Here is a link to the Minutes from our ...
Wednesday, June 1, 2016

United States Court of Appeals for the Federal Circuit Provides Guidance on Accrual of Pass-Through Subcontractor Claims

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In Kellogg Brown & Root Services, Inc. v. Murphy , the timeliness of prime contractor Kellogg Brown & Root Services, Inc.’s (“KBR”)...
Thursday, May 19, 2016

Dispute Avoidance for LEED Projects

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http://www.uclan.ac.uk/courses/assets/media/construction_law_dispute_resolution_banner.jpg In this final LEED-focused post (see pos...
Thursday, May 12, 2016

Connecticut Court Upholds Arbitrators Decision that AIA A201 General Conditions Incorporated by Reference Satisfies the Connecticut Home Improvement Act Requirements

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The plaintiffs in Paul Ippolito et al. v. Olympic Construction, LLC (AC 37437) are homeowners whose house suffered water damage resulting f...