Construction Industry Counselor

The Construction Practice Blog

Latest from Construction Industry Counselor

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

On June 24, 2021, President Biden approved a $579 billion infrastructure package proposed by a bipartisan group of senators last week. Some $185 billion appears earmarked for actual infrastructure projects including bridges, roads, ports, waterways, public transportation and safety. According to…
Continue Reading $579 Billion Infrastructure Package Clears Some Partisan Hurdles

Under a recent Illinois appellate court decision, local Illinois construction industry groups were held to have standing to sue Cook County, Illinois, but those groups lost on their substantive claim that the County had violated an amendment to the Illinois Constitution. See Illinois Road and…
Continue Reading Illinois Appellate Court: Illinois Construction Industry Groups Have Standing to File Lawsuit But Lose Their Constitutional Arguments

A recent Massachusetts trial court decision ruled that any objections to a payment application are waived unless a reviewing owner or contractor strictly follows the Massachusetts Prompt Payment Statute, Prompt Payment Act, G.L. c. 149, § 29E, which applies to most projects with a prime contract…
Continue Reading <a href="/blogs/70683"><h3>Massachusetts Trial Court: Construction Prompt Payment Statute Requires Strict Compliance</h3></a>

Public construction in Pennsylvania and elsewhere continues to present substantial challenges to local governmental entities, especially in current circumstances. While some projects have been deferred, the normal course of public construction programs is likely to resume. Local governments, and…
Continue Reading <a href="/blogs/70301"><h3>Best Practices in Pennsylvania Public Construction Preparation of the “Front-End” Bidding Requirements</h3></a>

On June 29, 2020, the Michigan Supreme Court ruled that a subcontractor’s commercial general liability (CGL) insurance policy may provide a contractor listed as an additional insured on the CGL policy with insurance coverage for correcting the subcontractor’s faulty work. See Skanska USA Bldg. Inc…
Continue Reading Michigan Supreme Court: CGL Insurance Policy May Provide Contractor With Coverage for Subcontractor’s Faulty Work

In a unanimous decision, the U.S. Supreme Court recently ruled that a non-signatory to an agreement requiring arbitration for disputes might be able to compel arbitration under state law equitable estoppel arguments. The decision held that the New York Convention (“Convention”) does not conflict…
Continue Reading U.S. Supreme Court: Non-Signatories to an International Contract Might Be Able to Compel Arbitration

On May 26, 2020, the Court of Appeals of Maryland (Maryland’s highest court) held that where one of the two parties to an AIA contract sues or settles with a third party, the AIA contract’s mutual waiver of subrogation precludes that third party from claiming a right of contribution against the…
Continue Reading UPDATE: Maryland Court of Appeals Holds that an AIA Contract's Mutual Waiver of Subrogation Precludes Contribution Liability under Maryland Joint Tort-Feasors Act