Earlier this year, the Second District Court of Appeal of Florida held that a “no damages for delay” clause “will not be enforced in the face of governmental fraud, bad faith, or active interference with performance under the contract.” Sarasota
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Construction Lender Found Liable for Payments to General Contractor Despite Lack of Contractual Relationship
By Publisher
A Delaware trial court, applying New Jersey and Delaware law, recently ruled that a general contractor, despite not being a party to either a loan agreement or loan commitment, could successfully recover damages from a construction lender. See BCD Assocs.,…
Illinois Appellate Court Invalidates Arbitration Provision in Owner-Contractor Construction Contract
By Publisher
Case: Bain v. Airoom, LLC , 2022 IL App (1st) 211001 A recent Illinois appellate decision warns that overbroad form arbitration agreements in construction contracts may be unenforceable.
Illinois Joins Trend Making General Contractors Liable for Paying Subcontractors' Workers
By Publisher
On June 10, 2022, Governor J.B. Pritzker signed into law two related bills, HB 5412 and HB 4600, sent to him the previous month by the Illinois legislature that will hold a primary contractor (one who has a contract with…
Delaware Court Shows Importance of Order of Priority Clauses
By Publisher
A recent bench trial in Delaware State Court ruled that a subcontractor was entitled to payment from a general contractor because an order of priority clause gave priority to a bid proposal contract term that barred a pay-when-paid clause from…
Federal Court of Appeals Holds Contractor Liable for Employee's OSHA Violation
By Publisher
A recent decision from the United States Court of Appeals for the Fifth Circuit held a Texas highway contractor liable for its supervisor’s involvement in a subordinate employee’s violation of workplace safety rules. See Angel Brothers Enterprises, Ltd. v. Walsh…
U.S. Supreme Court Strikes OSHA's Vaccine Mandate
By Publisher
In a per curiam opinion issued by Chief Justice Roberts, Justices Barrett and Kavanaugh, with Justices Gorsuch, Thomas and Alito concurring, the Supreme Court stayed OSHA’s “emergency temporary standard” mandating COVID-19 vaccines for employers of 100 or more employees. The…
Sixth Circuit Dissolves Stay of OSHA Vaccine ETS
By Publisher
On December 17, 2021, the U.S. Court of Appeals for the Sixth Circuit dissolved the Fifth Circuit’s stay of OSHA’s Emergency Temporary Standard (ETS) on COVID-1 vaccination and testing for employers with at least 100 employees in a consolidated multidistrict…
Federal Contractor Vaccination Mandates Enjoined Nationwide Following Stay of OSHA's Vaccination Mandate for Companies of 100 or More Employees
By Publisher
The decision of the U.S. Court of Appeals for the Fifth Circuit in BST Holdings, L.L.C. v. Occupational Safety and Health Administration , 2021 WL 5279381 (5th Cir. Nov. 12, 2021)(Unpublished), recently extended a sweeping stay of OSHA’s vaccination mandate…
Federal Infrastructure Bill Set to Supercharge P3 Spending
By Publisher
Development through public-private partnerships or “P3s” has increased sharply in the past several years, and is poised for an even bigger jump thanks to Uncle Sam. The infrastructure bill, which passed the U.S. House of Representatives last week as H.R.…