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Constructlaw®
Texas Appellate Court Affirms Grant of Governmental Immunity From Suit Seeking Delay Costs
Triple B Servs., LLP v. City of Conroe, No. 09-21-00096-CV, 2022 Tex. App. LEXIS 4824, 2022 WL 2720451 (Tex. App. July 14, 2022) The Texas Court of Appeals recently affirmed…
Constructlaw®
No-Damage-For-Delay Provisions and Lien Waivers Remain Enforceable — and Valuable — in New York
By Ryan Deroo
Pizzarotti, LLC v. X-Treme Concrete Inc., 205 A.D.3d 487 (N.Y. App. Div. 2022) A New York appellate court recently affirmed the dismissal of a subcontractor's counterclaims for delay damages and…
Constructlaw®
Pennsylvania Superior Court Places Time Limit on Good Faith Withholding Under CASPA
By Rachael Cain
Constructural Dynamics, Inc. v. Thomas P. Carney, Inc., No. 1104 EDA 2021, 2022 Pa. Super. Unpub. LEXIS 1500 (Pa. Super. July 1, 2022), reargument denied (Sept. 8, 2022). Like many prompt payment…
Constructlaw®
Careful Contract Drafting Could Mean Recovery of Liquidated Damages and Actual and Consequential Damages
By Allie Apple
Town of New Milford v. Std. Demolition Srvcs., Inc., 212 Conn. App. 30 (2022) The case involved cleanup and environmental remediation of a vacant factory contaminated with polychlorinated biphenyls and…
Constructlaw®
Biggest Construction Developments of 2022 to Date and What We’re Watching
With more than half of 2022 in the books, Troutman Pepper’s award-winning Construction Practice Group recaps some of the more major developments from the last year and looks ahead to…
Constructlaw®
GAR Know How Construction Arbitration: USA (September 2022)
By Albert Bates, Zach Torres-Fowler
Accreditation: An extract from GAR's Construction Arbitration Know-how. The whole publication is available at https://globalarbitrationreview.com/insight/know-how/construction-arbitration. Troutman Pepper Partners Albert Bates and Zachary Torres-Fowler are published in GAR Insight with their…
Constructlaw®
Statutory Remedies for Non-Payment on Public and Private Construction Projects
By John Gazzola
This article summarizes statutory remedies available to contractors, subcontractors and material suppliers when upstream parties fail or refuse to release payments on public and private construction projects. Entities furnishing work…
Constructlaw®
Appeals Court Construes Massachusetts Prompt Payment Act for First Time, Requiring Strict Compliance
Tocci Bldg. Corp. v. IRIV Partners, LLC, 101 Mass. App. Ct. 133 (2022) For the first time, the Appeals Court of Massachusetts has construed the Massachusetts Prompt Payment Act (the…
Constructlaw®
DOD Issues Final “Enhanced Debriefing” Rule for Government Bids
The U.S. Department of Defense's (DOD) new "enhanced" debriefing rule is intended to provide bidders more transparency and increase the efficiency of the DOD's bidding system. Effective March 18, the…
Constructlaw®
NY Appellate Court Reaffirms Pay-When-Paid Provisions Are Void as Against Public Policy
Bank of America, N.A. v. ASD Gem Realty LLC, 205 A.D.3d 1, 164 N.Y.S.3d 566 (2022). ASD Gem Realty LLC and ASD Diamond, Inc. (together, ASD or Owner) contracted Sweet…