Earlier this year, the Second District Court of Appeal of Florida held that a “no damages for delay” clause “will not be enforced in the face of governmental fraud, bad faith, or active interference with performance under the contract.” Sarasota County, Fla. v. Southern Underground Industries, Inc…
Continue Reading Florida Court of Appeals Holds That County's "Active Interference" Overrides "No Damages for Delay" Clause

Case: Bain v. Airoom, LLC , 2022 IL App (1st) 211001 A recent Illinois appellate decision warns that overbroad form arbitration agreements in construction contracts may be unenforceable.
Continue Reading Illinois Appellate Court Invalidates Arbitration Provision in Owner-Contractor Construction Contract

On June 10, 2022, Governor J.B. Pritzker signed into law two related bills, HB 5412 and HB 4600, sent to him the previous month by the Illinois legislature that will hold a primary contractor (one who has a contract with an owner) liable for the unpaid wages and other amounts owed to employees of…
Continue Reading Illinois Joins Trend Making General Contractors Liable for Paying Subcontractors' Workers

A recent bench trial in Delaware State Court ruled that a subcontractor was entitled to payment from a general contractor because an order of priority clause gave priority to a bid proposal contract term that barred a pay-when-paid clause from an owner. See Baltimore Pile Driving & Marine…
Continue Reading Delaware Court Shows Importance of Order of Priority Clauses

A recent decision from the United States Court of Appeals for the Fifth Circuit held a Texas highway contractor liable for its supervisor’s involvement in a subordinate employee’s violation of workplace safety rules. See Angel Brothers Enterprises, Ltd. v. Walsh , No. 20-60849, 2021 WL 5627103 (5th…
Continue Reading Federal Court of Appeals Holds Contractor Liable for Employee's OSHA Violation

The decision of the U.S. Court of Appeals for the Fifth Circuit in BST Holdings, L.L.C. v. Occupational Safety and Health Administration , 2021 WL 5279381 (5th Cir. Nov. 12, 2021)(Unpublished), recently extended a sweeping stay of OSHA’s vaccination mandate for companies with 100 employees or more…
Continue Reading Federal Contractor Vaccination Mandates Enjoined Nationwide Following Stay of OSHA's Vaccination Mandate for Companies of 100 or More Employees

Development through public-private partnerships or “P3s” has increased sharply in the past several years, and is poised for an even bigger jump thanks to Uncle Sam. The infrastructure bill, which passed the U.S. House of Representatives last week as H.R. 3684 and which President Biden signed into…
Continue Reading Federal Infrastructure Bill Set to Supercharge P3 Spending

The Infrastructure Investment and Jobs Act, which passed in the House of Representatives on Friday, November 4th and is expected to be signed into law in the coming weeks, includes an important, permanent streamlining to the federal permitting and environmental review process for large…
Continue Reading Federal Infrastructure Bill to Codify Streamlining of Federal Permitting Process in Major Infrastructure Projects

A recent decision from the United States District Court for Delaware held that a surety was not liable for consequential damages to a building owner after a default by its contractor because the surety’s liability could not be greater than its principal’s liability. See Iron Branch Associates, LP v…
Continue Reading Delaware Federal Court Imposes Limit on Surety's Liability Under Performance Bond

A recent decision from the United States District Court for Massachusetts held a contractor and its owner personally liable for failing to pay a subcontractor and held that the contractor was liable for millions in damages to the owner resulting from owner’s termination of the contractor for cause…
Continue Reading Massachusetts Federal Court: Contractor and Contractor's Owner Personally Liable for Fraud and Conversion for Failing to Pay Subcontractor; Contractor Also Liable for Millions Resulting From Termination for Cause

A Texas appellate court recently ruled that an owner properly terminated its contract with a contractor, despite the owner’s failure to provide the contractor notice and an opportunity to cure. See TPG (Post Oak) Acquisition, LLC, et al. v. Greystone Multi-Family Builders, Inc., et al. , First…
Continue Reading Notice and Opportunity to Cure: Only if Specifically Required in a Construction Contract