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Constructlaw®
By Troutman Pepper Locke Visit the blog
624 published works
Constructlaw®
New York Court of Appeals Holds That Direct Consent by Landlord Is Not Necessary for Contractor to Enforce a Lien Against the Property for Work Performed for a Tenant
Ferrara v. Peaches Café LLC, 2018 NY Lexis 3244 (November 20, 2018) COR Ridge Road Company, LLC (“COR”), as landlord, entered into a 10 year lease with Peaches Café, LLC…
Constructlaw®
Government’s Notice That It Questioned Certain Costs and Would Take ‘Appropriate Action’ Is Not a Notice of ‘Disallowance’ as Required by the Contract: Contractor Granted Summary Judgment for Over $1 Million
CB&I Areva Mox Servs., LLC v. United States, 2018 U.S. Claims Lexis 1549 (November 9, 2018) Nearly two decades ago, the Department of Energy, National Nuclear Security Administration (“NNSA”) awarded…
Constructlaw®
Boring Through the Details: U.S. District Court Declares Boring Company Dispute Not Covered by Insurance Policies
Maxum Indemnity Co. v. Robbins Co., P.C., No. 1:17-CV-01968, 2018 U.S. Dist. LEXIS 57729 (N.D. Ohio Mar. 28, 2018) On March 21, 2018, the United States District Court for the…
Constructlaw®
Although Texas Statute Expressly Allows an Immediate Interlocutory Appeal of Any Decision Granting or Denying a Motion to Dismiss Based Upon the Certificate of Merit Requirement, There Is No Jurisdiction for an Interlocutory Appeal of an Arbitrator’s Decision on That Issue
SM Architects, PLLC v. AMX Veteran Specialty Servs., LLC, 2018 Tex. App. LEXIS 9203 (November 8, 2018) AMX Veteran Specialty Services, LLC (“AMX”) filed a demand for arbitration alleging professional…
Constructlaw®
Federal Circuit, Citing the Christian Doctrine, Holds That Performance and Payment Bonds Are Required for All Construction Contracts, Even When the Bonding Requirement Is Not Expressly Stated in the Contract
By John Conrad
K-Con, Inc. v. Sec’y of the Army, 2018 U.S. App. LEXIS 31196 (Fed. Cir., November 5, 2018) In September 2013 K-Con, Inc. (“K-Con”) entered into two contracts with the government…
Constructlaw®
Parties Must Proceed to Arbitration Despite Unavailability of Arbitration Forum Specifically Named in the Contract
By Ryan Deroo
Paulozzi v. Parkview Custom Homes, L.L.C., 2018 Ohio App. Lexis 4739 ( Nov. 1, 2018) This case arose out of a dispute between homeowners and their contractor. Dissatisfied with the…
Constructlaw®
Federal Court Enjoins Owner From Withholding Payment of Disputed Invoices Based on Contract Provision Requiring Parties to “Diligently Proceed With Performance” Notwithstanding Any Dispute
Coalview Centralia, LLC v. Transalta Centralia Mining LLC, 2018 U.S. Dist. LEXIS 185914 (W.D. Wash. Oct. 30, 2018) This case involves a dispute over Coalview Centralia, LLC’s (“Coalview”) performance of…
Constructlaw®
The Buckeye State Bucks Recent Trend: Ohio Supreme Court Holds That Property Damage Caused by a Subcontractor’s Faulty Work Does Not Constitute an “Occurrence” Covered Under CGL Policies
By John Gazzola
Ohio N. Univ. v. Charles Constr. Servs., 2018 Ohio LEXIS 2375 (Oct. 9, 2018) This post was published in the National Association of Credit Management eNews on December 20, 2018.…
Constructlaw®
A Fire Destroying More Than Half of the Project Is Not a Cardinal Change Where the Parties Entered into a Separate Agreement to Cover the Fire Remediation Work
IES Commercial, Inc. v. Manhattan Torcon, A Joint Venture, 2018 U.S. Dist. LEXIS 164973 (D. Md. Sept. 26, 2018) In 2009, the Army Corps of Engineers hired Manhattan Torcon Joint…
Constructlaw®
Concurrent Delay: Surety—Standing in the Shoes of Subcontractor—Is Barred From Asserting Defense of Concurrent Delay Because Subcontractor Failed to Seek a Time Extension as Required by the Subcontracts
Fid. & Deposit Co. of Md. v. T ravelers Cas. & Sur. Co. of Am., 2018 U.S. Dist. LEXIS 162265 (D. Nev., September 21, 2018) Clark County School District (“CCSD”)…