Daniel Lund III | Phelps Dunbar A subcontractor asserting a payment bond claim for “standby” time for its equipment on the Cline Avenue bridge project (over Indiana Harbor and Ship Canal in East Chicago, Indiana) received pushback from the payment bond surety. In fact, the duration of the standby time occurred after the surety’s principal,… Continue reading Construction Litigation Roundup: “Just Hanging Around”
Month: August 2023
Improper Means Exception and Tortious Interference Claims
David Adelstein | Florida Construction Legal Updates Last week, I discussed a case (here) that involved a federal district court (trial court) denying a motion to dismiss on a negligent supervision claim. In this same case, the plaintiff, a subcontractor/fabricator, also sued the defendants–parent company of a prime contractor and two entities the prime contractor… Continue reading Improper Means Exception and Tortious Interference Claims
Pith? Perfect for Lienors, Not So Much for Landlords: Protecting Rights When Improvements Are Made to Commercial Tenancies
Jennifer P. Sommerville and Todd F. Kobrin | Shutts Have you ever heard the strange term “pith of the lease”? This odd designation, apparently unique to Florida law, describes improvements to commercial tenancies that are essential or “vital to the lease’s perpetuality.”[1] Generally, a construction lien extends only to the “right, title and interest of… Continue reading Pith? Perfect for Lienors, Not So Much for Landlords: Protecting Rights When Improvements Are Made to Commercial Tenancies
Five Steps General Contractors Can Take To Mitigate Against The Dangers Of “No Damage For Delay Clauses”
Brian M. Stork | Kane Russell Coleman Logan No damage for delay clauses seek to protect owners from any monetary damages resulting from delays on a project. These clauses are common in Texas construction contracts. A no-damage-for-delay provision can limit a general contractor’s ability to recover additional compensation when a project is delayed, potentially even… Continue reading Five Steps General Contractors Can Take To Mitigate Against The Dangers Of “No Damage For Delay Clauses”
The Clock is Ticking: Construction Delays and Liquidated Damages
Tiffany A. Harrod | Peckar & Abramson With the on-going shortage of construction workers in the industry and other factors ranging from weather to procurement problems, the threat of project delay is real. When a contract contains a liquidated damages clause for assessing project delays, real financial consequences for contractors can result. Courts have long… Continue reading The Clock is Ticking: Construction Delays and Liquidated Damages