Published: June 17, 2019

Owners of a Massachusetts waste collection, recycling and removal company recently were held personally liable for their failure to pay their employees at prevailing wages.  See Donis v. American Waste Services, LLC, 95 Mass.App.Ct.

. . . . . . . . . .

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

. . . . . . . . . .

Published: July 26, 2018

The United States Court of Appeals for the Fifth Circuit recently held that federal contract law does not require active investigation by a subcontractor to demonstrate justifiable reliance relating to a fraudulent inducement claim asserted against a general contractor. 

. . . . . . . . . .

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).

. . . . . . . . . .

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.

. . . . . . . . . .

Published: April 10, 2017

A recent Massachusetts Appeals Court decision affirmed a trial court’s award to a subcontractor for a loss of productivity claim despite the lack of a time extension request.  See Central Ceilings, Inc. v. Suffolk Construction Company, Inc., 15 -P- 1117 (March 29, 2017).

. . . . . . . . . .

Published: January 4, 2017

A recent Massachusetts State Court decision denied a General Contractor’s claim for an equitable contract adjustment due to extreme winter conditions. See Cumberland Farms, Inc. v. Tenacity Construction, Inc., C.A. No. 2015-CV-01589-BLS2 (Mass. Super. Nov. 16, 2016)(Sanders, J.).

. . . . . . . . . .

Published: February 23, 2016

Maryland recently reaffirmed application of the “economic loss doctrine” to damages sought in construction disputes in Balfour Beatty Infrastructure, Inc. v. Rummel Klepper & Kahl, LLP, No. 496, Sept. Term 2014, 2016 WL 360875 (Md. Ct. Spec. App. Jan.

. . . . . . . . . .