The "total cost method" of quantifying construction claims historically has
been disfavored. This methodology compares the bid price of the project
work with the total cost of the project work as performed, attributing the
entire cost increase to the acts or omissions...
By Randy Maniloff, Partner, White and Williams LLP
3 rd Circuit Addresses Construction Defect Coverage Under New Jersey Law
The recent construction of New Meadowlands stadium in New Jersey - home of the Giants and Jets - has brought back talk of the longstanding urban legend that Teamsters Union...
Here at Construction Law Musings , I have discussed the interaction between fraud and contracts on many occasions . Recently, I got to put my advice into action. I am counsel for the plaintiff in the matter of Environmental Staffing Acquisition Corp. v. Beamon, et. al. in the Portsmouth, VA Circuit Court...
If you recall, a bit over a year ago I posted regarding the Builders Mut. Ins. Co. v. Dragas Management Corp. litigation in the Eastern District of Virginia federal court. [ enhanced version available to lexis.com subscribers ] Back in May of 2010, the Court dismissed a suit by a contractor that voluntarily...
The January 2011 North Carolina Court of Appeals case of White v. Collins Bldg., Inc.
involved purchasers of beach house who filed a negligence claim against
several defendants, including the building company's president and sole
shareholder, Edwin E. Collins, Jr., alleging that he failed...
By Ronald L. Richman
California law prohibits unlicensed contractors from enforcing
claims to payment for work done while unlicensed. But, the customer can
seek to enforce the construction contract against the unlicensed
contractor. In this instance, a California Court of Appeal decided that...
Punitive damages are hard to come by in construction law cases. This
is because almost all construction contract cases are exactly that: contract cases . Between the economic loss rule and the Virginia Courts' almost (though not completely) impregnable wall between tort and contract ,
reduce project costs and avoid litigation many owners, developers, general
contractors and construction managers have obtained wrap-up insurance programs.
In this Analysis, Ruth Kochenderfer and James P. Bobotek discuss
the programs' mechanics, advantages/disadvantages and coverage issues...
As anyone who reads Construction Law Musings on even an irregular basis knows, I am a major advocate of getting everything ( especially change orders )
in writing. This is particularly true where your construction contract
documents require written change orders. In other words, you should make your...
& Air Conditioning, Inc. v. Schlenker , 403 Ill. App. 3d 468, 932 N.E.2d
1073, 2010 Ill. App. LEXIS 704 (Ill. App. Ct. 1st Dist. 2010) [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law ]
is an important decision because...
By Edward Lozowicki and Robert Sturgeon
Binding arbitration of construction disputes is frequently required by standard industry contracts. For example, the contract forms published by the American Institute of Architects either require or provide an option for arbitration under the Construction Industry...
We have discussed issues that may arise
in the context of a residential construction project. Because most
homeowners are not sophisticated in the ways of construction (and really
shouldn't be) expectations are key
and keeping your nose clean as a contractor is key. Courts in some
BY: WILLIAM R. MAUCK, JR.
The importance of following change
order provisions in a construction contract was emphasized yet again in a
recent federal court decision: Carolina Conduit Systems, Inc. v. MasTec North America, Inc . [ enhanced version available to lexis.com subscribers ]
In this Analysis, Michael T. Callahan discusses Greg Opinski Construction, Inc. v. City of
Oakdale , 199 Cal. App. 4th 1107 (Cal. App. 5th Dist. 2011) [ enhanced version available to lexis.com subscribers ],
in which the California Court of Appeal held that a contractor could not defend
In this Analysis, Michael T. Callahan discusses Am. Underground Eng'g, Inc. v. City of
Syracuse, 2011 U.S. Dist. LEXIS 117102 (N.D.N.Y Oct. 7, 2011) [ enhanced version available to lexis.com subscribers ],
finding that a contractor presented no proof how its home office overhead was
By Edward Lozowicki and Scott Vignos
Can a supplier of construction materials be considered a "subcontractor" for purposes of enforcing its claim on a public works payment bond? The answer is "yes" according to a recent decision of the California Court of Appeal. In Eggers Industries...
The title of this post may seem obvious. Of course you need to name the right people. “Why even write about this?” you may ask yourself. The answer to this question is that the list of all of the parties necessary to a successful lawsuit may not be so obvious.
One example is the case of...