News

Maryland Federal Court Upholds One-Way Arbitration Provision

Last month, the U.S. District Court for the District of Maryland considered whether an arbitration provision found in a contract between a public owner and a contractor required the parties to arbitrate all disputes. In PC Constr. Co. v. City of Sal… Read More
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Categories: Legal Updates

Eleventh Circuit Upholds Strict Enforcement of Contract's Change Order Approval Process

A recent 11th Circuit decision considered whether a contractor could recover the costs for work that was undisputedly outside the scope of the construction contract when the contractor failed to obtain prior approval from a specific party. In Mallo… Read More
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Categories: Legal Updates

Virginia Supreme Court Holds that Sub-Subcontractor Could Not Maintain Third-Party Beneficiary Claim Against General Contractor

On public projects, payment bonds typically provide lower tier claimants with certainty of payment for their work in the event a contractor refuses or fails to pay. Unfortunately, even sureties go out of business from time to time, leaving some unpai… Read More
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Categories: Legal Updates

Maryland Federal Court Rules that Statute of Limitations Bars Construction Defect Claim Involving "Green" Building

Last month, the U.S. District Court for the District of Maryland held that Maryland’s three-year statute of limitations barred causes of action for breach of contract, contribution, indemnity, and negligence in a lawsuit involving the design and co… Read More
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Categories: Legal Updates

Court of Federal Claims Rejects Design-Build Contractor's Differing Site Conditions Claim

This December, the Court of Federal Claims rejected a design-build contractor’s request for compensation for differing site conditions. In Metcalf Const. Co., Inc. v. United States, No.  07-777C, 2011 WL 6145128 (Fed. Cl. Dec. 9, 2011), the U.S.… Read More
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Categories: Legal Updates

Virginia Supreme Court Clarifies When a Claim is Deemed Submitted Under the Virginia Public Procurement Act

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
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Categories: Legal Updates

California Court Holds Owner Liable to Subcontractor for Tortious Interference with Subcontract

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
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Categories: Legal Updates

Shannon J. Briglia Selected as Program Chair for 2012 Virginia Construction Law & Public Contracts Section Annual Seminar

Shannon J. Briglia has been selected to serve as program chair for the 33rd Virginia Construction Law & Public Contracts Section Annual Seminar. This must-attend event for construction lawyers practicing in Virginia is scheduled for November 1-2,… Read More
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Categories: Firm News

Shannon J. Briglia Named 2012 Virginia Super Lawyer

Shannon J. Briglia has again been named a Virginia Super Lawyer for her work in construction and surety law. Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognitio… Read More
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Categories: Firm News

Civilian Board of Contract Appeals Rules that Government Can Pursue Architect for Specific Performance and Consequential Relief

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
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Categories: Legal Updates