February 16, 2012 - This last October, the Civilian Board of Contract Appeals (“Board”) held that the Government may pursue both specific performance and actual or consequential damages for breach of contract against an architect.

December 13, 2011 - On March 25, 2011, the Virginia legislature threw a curve ball to companies supplying labor or materials on public construction projects.  This curve ball makes it both easier and harder for second-tier claimants to satisfy the prerequisites to filing suit against a payment bond. 

November 30, 2011 - This September, the U.S. District Court for the District of Columbia considered an issue of first impression in the District of Columbia - whether the federal Prompt Payment Act ("PPA"), codified at 31 U.S.C. §§ 3901-3907, creates a private cause of action for contractors.

August 8, 2011 - This July, the Nevada Supreme Court ruled that a contractor was entitled to rely on a subcontractor's withdrawn bid under the doctrine of promissory estoppel.

February 14, 2011 - This past November, the United States District Court for the Eastern District of Virginia found as a matter of first impression in Virginia that prejudgment interest cannot accrue against a surety until a beneficiary has first made a demand for payment against the payment bond.

June 4, 2010 - A decision last week exemplified a Florida court's severe application of this statute to mechanic's liens.

May 5, 2010 - This February, the United States Court of Appeals for the Fourth Circuit confirmed that subcontractors in Virginia face an almost insurmountable task when attempting to avoid an unambiguous pay-when-paid clause.

April 21, 2010 - The Fifth Circuit recently considered the question of whether interim mechanic’s lien waivers executed by a contractor released extra work claims and delay damages incurred prior to the waiver.