Blog Post
09/21/2022
By Brandon R. Clark

A federal jury in the Northern District of Illinois recently awarded nearly $23 million to the developer of a luxury hotel in Chicago’s trendy West Loop arising from multiple breaches of contract and fraud by its design-builder.  What is particularly striking about the judgment in NHC LLC v. Centaur Construction Co. Inc., et al., No.

Blog Post
09/14/2022
By James E. Goodrich

During the 2022 legislative session, the Virginia General Assembly passed Senate Bill 550 (“SB 550”), which Virginia Governor Youngkin signed into law. SB 550 amends a portion of the Virginia Prompt Payment Act and a component of the Virginia wage theft statute, prohibiting “pay-if-paid” clauses in both public and private contracts clauses, and will become effective January 1, 2023.

“Pay-if-paid” provisions permit contractors to wait to pay their subcontractors until they receive payment for completed work, thereby shifting the risk of non-payment to the subcontractors.

Blog Post
07/18/2022
By Annie D. Rosenthal

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., 333 So. 3d 285 (Fla. 2d DCA 2022) (emphasis in original) (internal citations omitted).

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