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624 published works
Constructlaw®
Florida Federal Court Dismisses Fluor Enterprises’ $67M Claim Against Duke Energy for Wrongful Draw Down of Credit Letter
Tampa D Fluor Enterprises, Inc. v. Duke Energy Florida, LLC, No. 8:19-cv-00224, 2019 BL 135007, at *1 (M.D. Fla. Apr. 16, 2019) On April 16, 2019, a Florida federal court…
Constructlaw®
Court of Federal Claim Rejects Spearin Claim and Holds Contractor Responsible for Failure to Prevent Mold Growth
James Talcott Construction, Inc. v. United States, No. 14-427 C, 2019 BL 72711, at *1 (Fed. Cl. Mar. 4, 2019) In May of 2010, the United States, acting through the…
Constructlaw®
District Court in Wisconsin Finds That Counteroffer and Repeated Negotiations Concerning a Construction Contract Do Not Create Contractual Relationship
By John Conrad
Skyrise Construction Group, LLC v. Annex Construction, LLC, 2019 BL 55071 (E.D. Wis. Feb. 20, 2019) Subcontractor Skyrise Construction, Inc. (“Skyrise”) sued general contractor Annex Construction, Inc. (“Annex”) for breach…
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The Washington Court of Appeals Clarifies When the Statute of Limitations for a Negligence Claim Begins to Run Under the Discovery Rule
Dep’t of Transp. v. Seattle Tunnel Partners, 2019 BL 36988, 2 (Wash. App. Div. 2 Feb. 05, 2019) On January 8, 2019, the Court of Appeals for the State of…
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A Pivotal Ruling for Appellate Arbitration Award Enforcement
By Albert Bates, Zach Torres-Fowler
This article was published in Law360 on March 11, 2019. © Copyright 2019, Portfolio Media, Inc., publisher of Law360. It is republished here with permission. In 2008, the U.S. Supreme…
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New York Appellate Court Holds That Affidavits Can Cure Pleading Defects and Extrinsic Evidence Permitted When Contract Clause Is Ambiguous
Servidone, Inc./B. Anthony Constr. Corp., J.V. v. State of New York, No. 2016-05238, 2019 BL 7232 (App. Div., 2d Dept. Jan. 09, 2019) Servidone, Inc./B. Anthony Construction Corp., J.V. (the…
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Ninth Circuit Finds Arbitration Award Is ‘Irrational’ Because It Disregards the Contract’s Plain Text Simply to Reach a Just Result
By Ryan Deroo
Aspic Eng’g & Constr. Co. v. ECC Centcom Constructors LLC, No. 17-16510, 2019 BL 26363 (9th Cir. Jan. 28, 2019) Aspic Engineering and Construction Company (“Aspic”), a local Afghan subcontractor,…
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Federal Court in Maryland Holds Subcontractor Waived Right to Bring Labor Inefficiency Claim Despite Voicing ‘Expression[s] of Frustration’ and ‘General Complaints’ of Mismanagement Throughout Project
By John Gazzola
Hagen Constr. Inc. v. Whiting-Turner Contracting Co., No. JKB-18-1201, 2019 BL 36862 (D. Md. Feb. 04, 2019) This case arises out of the construction of a pediatric outpatient center in…
Constructlaw®
The Doctrine of Arbitral Immunity Applied to an Arbitral Organization Absent a Showing of Clear Lack of Jurisdiction
Univ. of Iowa Bd. of Regents v. Am. Arbitration Ass'n, No. 17-0949, 2019 BL 7069 (Iowa Ct. App. Jan. 09, 2019) Modern Piping, Inc. (“Modern Piping”) and the University of…
Constructlaw®
Federal Court Clarifies When Idle Equipment Costs Are Recoverable Under the Miller Act
United States ex rel. Am. Civ. Constr., LLC v. Hirani Eng’g & Land Surveying, P.C., 2018 U.S. Dist. LEXIS 200829 (D.D.C. Nov 28, 2018). The case involved the construction of…