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. v. B&K Mechanical Contractors, LLC, No. 4:23-CV-3243, 2026 WL 2254434
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 Appeals had enjoined the project on separation of
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 court system. As with other contractual rights, the right to
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 arbitral award under the New York Convention. A three-judge panel
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 Flatiron-AECOM joint venture (JV). The case involves construction of 12.5 miles
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, they may be able to trigger insurance coverage — either
The most visible construction project in America is back in the news with a federal appeals court affirming a preliminary injunction against above-ground construction on the new ballroom at the White House. The court found that the president had exceeded
Every state gives contractors, subcontractors, and suppliers some form of lien right when they aren’t paid for work that improves real property. But Virginia’s version of this tool stands out from most other states in several important ways. If you
A federal judge in Houston has struck down the race-based aspects of two local contracting programs intended to remedy past discrimination as unconstitutional. The City of Houston’s program set goals for the percentage of contracts awarded to minority-owned businesses and
The U.S. Court of Appeals for the Federal Circuit recently affirmed a decision of the Armed Services Board of Contract Appeals (ASBCA) denying a contractor’s differing site condition claim on a flood control project along the Trapp Canal in Jefferson
