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Constructlaw®
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Constructlaw®
Dispute Boards: A Different Approach to Dispute Resolution
By Albert Bates, Zach Torres-Fowler
With the signing of the United Nations Convention on International Settlement Agreements Resulting from Mediation in August 2019, there has been a newfound focus on how parties can improve and…
Constructlaw®
COVID-19 and the Construction Industry: Important Considerations
COVID-19 has created a severe disruption to the construction industry. Certain jurisdictions, including Boston, San Francisco and Pennsylvania, have placed restrictions on construction projects deemed “nonessential” and require waivers for…
Constructlaw®
Continuous Cessation of Labor on Construction Projects Can Trigger Statutory Remedy Deadlines
This article was originally published in the April 2020 issue of ConsensusDocs Construction Law. It is republished here with permission. State and local governments throughout the country continue to issue orders…
Constructlaw®
Does a No-Damage-for-Delay Clause Also Preclude Acceleration Damages?
By Ted Gropman, Christine Z. Fan
This article was originally published on December 3, 2019 on ConsensusDocs. It is reprinted here with permission. Construction contracts often include a “no damage for delay” clause that denies a…
Constructlaw®
New International Arbitration Study Offers Construction Dispute Insight
By Zach Torres-Fowler, Albert Bates
This article was published in Law360 on December 4, 2019. © Copyright 2019, Portfolio Media, Inc., publisher of Law360. It is republished here with permission. On Nov. 21, the Queen…
Constructlaw®
Owner Did Not Waive Right to Damages by Terminating Design Contract for Convenience
Chinese Hosp. Ass'n v. Jacobs Eng'g Grp., Inc., 2019 BL 330340, 2 (N.D. Cal. Sept. 03, 2019) This case arises out of the alleged breach of contract and defective design…
Constructlaw®
Ohio Federal Court Declines to Dismiss Action Against the Officer of a General Contractor Who Allegedly Submitted False Certifications Regarding Payments Made to Subcontractors With Payment Applications
Decker Constr. Co. v. Wesex Corp., No. 2:18-cv-727, 2019 BL 232653 (S.D. Ohio June 24, 2019) In Decker Construction Co. v. Wesex Corporation, the United States District Court for the…
Constructlaw®
Maryland Federal Court Upholds Contractual Indemnity Clause and Awards Judgment Interest and Attorneys Fees in Masonry Suit
Skanska USA Building, Inc. v. J.D. Long Masonry, Inc., No. 1:16-cv-00933, 2019 BL 336852, (D. Md. Sept. 9, 2019) On September 9, 2019, a Maryland federal court awarded Skanska USA…
Constructlaw®
Recent Decisions Recognize Limits on Lien Amounts Properly Includable Under Michigan and Connecticut Lien Statutes
Lost profits, not part of unpaid contract balance, may be recoverable as consequential damages in contract claim, but cannot be included in lien. TSP Services Inc. v. National-Standard, LLC, 2019…
Constructlaw®
Expanding Disclosure in International Arbitration: Sixth Circuit Rules That 28 U.S.C. § 1782 Permits Parties to Pursue Discovery in Support of Private Commercial International Arbitrations
By Albert Bates, Zach Torres-Fowler
Abdul Latif Jameel Trans. Co. v. FedEx Corp., No. 19-5315 (6th Cir. Sept. 19, 2019). In the world of international arbitration, where document disclosure is already relatively limited compared to…