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624 published works
Constructlaw®
Michigan Federal Court Permits Subcontractor’s Quasi-Contractual Claims to Proceed Despite Existence of Express Contract Covering the Same Subject Matter
P.A.L. Environmental Safety Corp. v. North American Dismantling Corp. Et Al., No. 19-11630, 2020 BL 198779 (E.D. Mich. May 28, 2020) A Michigan federal court partially granted Consumers Energy Company’s…
Constructlaw®
Maryland Court Holds No Right of Contribution Where a Waiver of Subrogation Precludes Common Legal Responsibility
Gables Construction, Inc. v. Red Coats, Inc., No. 23, 2020 BL 193791, 2020 MD LEXIS 264 (Md. May 26, 2020) Upper Rock II, LLC (“Upper Rock”) contracted Gables Construction, Inc.…
Constructlaw®
Supreme Court Interprets New York Convention to Allow Arbitration Agreement Nonsignatories to Invoke International Arbitration
By Albert Bates, Zach Torres-Fowler, Jeremy Heep
The U.S. Supreme Court issued a unanimous decision on June 1 in GE Energy Power Conversion France SAS, Corp. v. Outokumpu Stainless USA, LLC, holding that, in some circumstances, even nonsignatories…
Constructlaw®
Federal Court in PA Finds Liquidated Damages Provision Unenforceable Where the Per Day Liquidated Damage Amount Was Copied from Contracts for Prior Unrelated Projects Rather than a Project-Specific Forecast of Likely Damages
D.A. Nolt, Inc. v. The Philadelphia Municipal Authority, 2020 BL 199761 (E.D. Pa. May 28, 2020) The Philadelphia Municipal Authority (the “Authority”) contracted D.A. Nolt, Inc. (Nolt) to renovate a…
Constructlaw®
Ninth Circuit Orders Enjoinment of Oil and Gas Line Construction Proceeding Under Nationwide Water Permit 12
N. Plains Res. Council v. United States Army Corps of Eng’rs, No. 4:19-cv-00044-BMM, 2020 BL 35412 (9th Cir. May 14, 2020) Oil and gas pipeline construction may no longer proceed…
Constructlaw®
California Appeals Court Provides Guidance on ‘Pay-When-Paid’ Provisions in Construction Subcontracts
By Ted Gropman, Cindy Lee
On April 17, the California Court of Appeal decided Crosno Construction, Inc. v. Travelers Casualty & Surety Company of America,1 effectively narrowing the scope of enforceable “pay-when-paid” provisions in construction subcontracts to…
Constructlaw®
ADR for Construction Disputes During COVID-19: How to Manage Dispute Resolution Before and After the Dust Settles
By Albert Bates, Zach Torres-Fowler
Days after the World Health Organization declared the COVID-19 outbreak a global pandemic, governments from around the world scrambled to enact measures aimed at mitigating the spread of the virus.…
Constructlaw®
Pennsylvania Governor Paves Way to Reopen Construction on May 1
On April 20, Pennsylvania Gov. Tom Wolf amended his March 19, 2020 Order titled, "Regarding the Closure of All Businesses That Are Not Life Sustaining." Under the previous order, construction was…
Constructlaw®
COVID-19 and the Construction Industry: Looking Beyond Force Majeure to Recover Time and Costs for Delay
By Bob Gallagher, James Diwik, Jamey Collidge
Much has been written about whether and how COVID-19 qualifies as a force majeure event. But typical force majeure provisions entitle contractors to only schedule relief. While force majeure clauses…
Constructlaw®
The Seoul Protocol: Guidelines for Remote Arbitration Hearings During the COVID-19 Outbreak
By Albert Bates, Zach Torres-Fowler
As the COVID-19 pandemic continues to upend carefully choreographed arbitration schedules, parties, counsel and arbitrators have expressed interest in the use of video-conferencing technology to manage remote arbitration hearings. And…