Published: November 19, 2018

United States Court of Appeals for the Federal Circuit recently held, in K-Con, Inc. v. Secretary of Army, that the bonding requirements under the Miller Act apply to federal government construction contracts, even when the bonding provisions were not part of the contract. C.A. No.

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Published: August 23, 2018

The United States Court of Appeals for the Eighth Circuit recently upheld an Eastern District of Arkansas decision (applying Missouri Law) ruling that a general contractor’s threats to a subcontractor constituted a material breach of their contract.  1See Randy Kinder Excavati

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Published: June 27, 2018

A California Corporation, Swinerton Builders, Inc. ("Swinerton"), entered into a Master Services Agreement (MSA) with a West Virginia company, March-Westin Company, Inc.

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Published: June 20, 2018

Until last week, Contractors in Massachusetts only could succeed on a breach of contract claim if the contractor proved complete and strict performance of all contractual terms.  Furthermore, a contractor only could recover on a quantum meruit under an equitable argument if the contractor pr

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Published: June 1, 2018

Construction owners often require their contractors to name the owner as an additional insured on the contractor’s insurance policy.  But what happens when the owner requires the contractor to name the owner’s construction manager as an additional insured as well?  A recent decision fro

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Published: May 3, 2018

The abstention doctrine allows a federal district court to stay or dismiss a case properly before it for reasons of "wise judicial administration."  The US District Court for the District of Rhode Island recently applied this doctrine, and elected to abstain from ruling on a Petition to Conf

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Published: April 17, 2018

A recent decision from the Northern District of Ohio denied insurance coverage for claims involving construction delays, breach of contract, and property damage claims.  See Maxum Indemnity Co. v. The Robbins Co., No. 1:17 CV 1968, 2018 WL 1558265 (N.D. Ohio Mar. 22, 2018).

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Published: March 26, 2018

Illinois is considering joining the growing ranks of states that restrict retainage withheld on private or public construction projects.  Illinois Senate Bill 3052, invalidating contract clauses calling for retainage in excess of 5% for most privately funded construction projects, was passed

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Published: November 10, 2017

Most construction contracts (particularly AIA® and ConsensusDocs® agreements) include precise methods for documenting change orders for work outside the base contract scope.

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Published: July 21, 2017

In a July 10, 2017 decision, the Ninth Circuit held that when a contract requires arbitration under International Chamber of Commerce (ICC) procedural rules, the arbitrator should decide the arbit

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