Jane Fox Lehman | Pepper Hamilton LLP | August 4, 2016 Summit Contracting Grp., Inc. v. Ashland Heights, LP, 2016 U.S. Dist. LEXIS 60662 (M.D. Tenn. May 6, 2016) Ashland Heights, LP (“Owner”) contracted with Summit Contracting Group, Inc. (“Contractor”) to construct an assisted living facility in Tennessee. After completing the project, Contractor alleged that… Continue reading Tennessee Federal District Court Holds That Contractor May Pursue Both Breach of Contract Action in Federal Court and Lien Enforcement Action In State Court – Abstention Not Required
Tag: Construction Contract
Contractor’s Failure to “Strictly Comply” With Notice Provision Precludes Contract Damages Award
Traub Lieberman Straus & Shrewsberry LLP | August 1, 2016 In the New York case of Schindler Elevator Corporation v. Tully Construction Co., Inc., 139 A.D.3d 930 (2d Dep’t 2016), the plaintiff sought recovery of additional expenses and costs it allegedly incurred as a result of delays in construction attributable to other entities at the… Continue reading Contractor’s Failure to “Strictly Comply” With Notice Provision Precludes Contract Damages Award
Does Your Construction Contract Provide for a “ Project Neutral ” to Resolve Disputes?
Jeffrey S. Wertman | Berger Singerman LLP | July 1, 2016 Disputes on construction projects are inevitable. One of the most important risk management tools for construction participants is a quick and effective dispute resolution procedure. Dispute resolution can be accomplished through various methods, including traditional mediation, arbitration and litigation. However, construction parties are using… Continue reading Does Your Construction Contract Provide for a “ Project Neutral ” to Resolve Disputes?
How to Circumvent “No Damage for Delay” Clauses
J.P. Vogel | Texas Construction Law Blog | June 21, 2016 Most commercial construction contracts contain a “No Damage For Delay” Clause and most contractors mistakenly believe they are Kings X for any potential claims related to delay caused by an owner or original contractor. While nearly every commercial construction contract contains the same or… Continue reading How to Circumvent “No Damage for Delay” Clauses
One Awesome Case Discussing The Difference Between Delay And Disruption Damages!
Matthew DeVries | Burr & Forman LLP | June 1, 2016 Rarely do you find a case that succinctly addresses a construction law issue. Today, one of my legal alerts pointed me to one such case dealing with delay damages and disruption damages. This is a must read! In County of Galveston v. Triple B… Continue reading One Awesome Case Discussing The Difference Between Delay And Disruption Damages!