Legal Updates

In early 2012, the Virginia Supreme Court clarified that a notice of intent to file a claim and the submission of a claim may not always be inclusive of each other, and the failure to actually submit the claim after notifying the government of an int… Read More

The California Court of Appeals, Third District, in a recent opinion, found that the owner of a construction project and its general manager can be sufficiently removed enough from a construction subcontract to be found liable for tortious interferen… Read More

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. In Moshe Safdie and Assoc., Inc. v… Read More

In Southern Seeding Serv., Inc. v. W.C. English, Inc., 2011 WL 6039951 (N.C. App. Dec. 6, 2011), the North Carolina Court of Appeals found that a “no damages for delay” clause does not trump an “equitable adjustment” clause i… Read More

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 fili… Read More

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… Read More

This July, the Nevada Supreme Court ruled that a contractor was entitled to rely on a subcontractor’s withdrawn bid under the doctrine of promissory estoppel. In Dynalectric Co. of Nev. v. Clark & Sullivan Constructors, Inc., No. 51758, 12… Read More

To reduce the potential damage that a haphazard termination can cause to owners and contractors, many contracts contain specific termination procedures that must be followed. For example, AIA Document A201-1997, General Conditions of the Contract for… Read More