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By Bradley Arant Boult Cummings LLP Visit the blog

615 published works

  1. BuildSmart

    Fraud Claims Not Barred by Contractual Waiver: Tennessee Court Affirms Punitive Damages Award Against General Contractor

    By James Daniel, John Mark Goodman

    The Tennessee Court of Appeals has upheld a punitive damages award against general contractor The Weitz Company, finding that the subcontract’s general waiver of special damages did not bar recovery…

  2. BuildSmart

    Lien on Me, Washington, D.C.

    By Lee-Ann C. Brown, John Mark Goodman

    In our companion posts, we looked at the quirks that make Virginia's and Maryland's mechanic's lien laws unique. Cross the river again into Washington, D.C., and you land in a…

  3. BuildSmart

    Case Update: Federal Court Affirms $383M Jury Verdict for Michigan Utility in Pumped Storage Dispute

    By John Mark Goodman

    A federal judge in Michigan has affirmed a $383 million jury verdict against Toshiba for its work on the Ludington Pumped Storage Hydro plant. The case involves a project to overhaul…

  4. BuildSmart

    HKS Architects Liable for Defective Structural Designs on Hospital Project

    By John Mark Goodman

    A Florida federal judge has found architectural firm HKS liable for providing defective structural designs from its engineering subconsultant on a hospital project in Florida. The case involves expansion of an…

  5. BuildSmart

    Not So Cleaver: Why Merely Referencing a Proposal May Not Incorporate Its Terms

    By W. Hunter Webb, John Mark Goodman

    In construction contracts, proposals, drawings, studies, etc. are often incorporated by reference. A Nebraska federal court recently addressed what language is sufficient to accomplish such incorporation. In Cleaver Brooks Co.…

  6. BuildSmart

    No Victory for Separation of Powers: Supreme Court Allows White House Ballroom Construction to Proceed

    By John Mark Goodman, Douglas L. Patin

    The U.S. Supreme Court has ruled that the White House Ballroom project can proceed, at least for now. As you may recall from our prior post, the D.C. Circuit Court of…

  7. BuildSmart

    No Games Allowed: Right to Arbitrate Waived by Filing Suit and Waiting to Request Arbitration

    By John Mark Goodman

    Many construction contracts these days include an arbitration provision.  Those provisions generally provide that disputes between the parties will be resolved through private arbitration rather than litigation in the public…

  8. BuildSmart

    9th Circuit Continues Trend of Narrowing Bases to Oppose Enforcement of Foreign Arbitral Awards

    By Dustin Appel, Jennifer Morrison Ersin

    On August 12, 2026, the 9th Circuit joined the D.C. Circuit in ruling that the doctrine of forum non conveniens does not apply to an action to confirm a foreign…

  9. BuildSmart

    10th Circuit Affirms Verdict for Engineering Firm in AECOM-Flatiron Dispute

    By John Mark Goodman

    The U.S. Court of Appeals for the 10th Circuit has affirmed the jury verdict and judgment in favor of engineering firm AECOM Technical Services in its long-running dispute with the…

  10. BuildSmart

    The Duty for Insurance Companies to Defend Construction Disputes

    By Mason Rollins

    Companies in the construction industry face the risk of disputes every day, and defending those disputes means incurring attorneys’ fees. While companies sometimes pay those attorneys’ fees out of pocket,…