About Constructlaw.comConstructlaw® is an update and discussion of recent trends in construction law and construction litigation.
Robert A. Gallagher, a partner in Pepper Hamilton's Construction Practice Group, is the editor. Additional contributors are listed on the Contributors page. For more information about Pepper's Construction Practice Group, click here.
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Monthly Archives: May 2019
New York Supreme Court Granted Summary Judgment for Subcontractor Where Contractor Attempted to Utilize Contractual “Pay-When-Paid” Provision to Unreasonably Withhold Payment from Subcontractor
A.E. Rosen Elec. Co. v. Plank, LLC, No. 07862-7, 2019 BL 113951 (Sup. Ct. Mar. 01, 2019) Michelle Beth Rosenberg On March 1, 2019, the Supreme Court of New York, Albany County, granted a subcontractor’s motion for summary judgment on … Continue reading
Robert A. Gallagher Anthony Finizio Michael A. Schwartz Bribery and corruption have long plagued the construction industry, particularly in emerging markets in Latin America, Eastern Europe, the Middle East and Asia-Pacific. Large contracts often trickle down through layers of subcontractors … Continue reading
Contractor’s Third Party Beneficiary Claim Dismissed Against Designer Where Designer’s Contract with Owner Lacked Clear Intent to Benefit the Contractor
Arco Ingenierosm, S.A. v. CDM Int’l Inc., Civil Action No. 18-12348-PBS, 2019 BL 100779 (D. Mass. Mar. 22, 2019) Luke Nicholas Eaton In November 2009, Tropical Storm Ida hit El Salvador, causing flooding, landslides, and the destruction of homes, roads, … Continue reading
Whiting-Turner Contracting Co. v Guar. Co. of N. Am. USA, 2019 BL 97923 (Colo. App. Mar. 21, 2019). Danielle J. Volpe This construction dispute involved rights and obligations under a performance bond supplied for an office building construction project in … Continue reading
Team Contractors, LLC v. Waypoint Nola, LLC, No. 16-1131, 2019 BL 96133 (E.D. La. Mar. 20, 2019) Emily D. Anderson The Eastern District of Louisiana recently denied the motion of a prime contractor (the “Contractor”) for summary judgment on its … Continue reading