About Constructlaw.com
Constructlaw® is an update and discussion of recent trends in construction law and construction litigation. It is edited by Robert A. Gallagher, partner in Pepper Hamilton LLP's Construction Practice Group. Additional contributors are listed on the Contributors page. For more information about Pepper's Construction Practice Group, click here.Subscribe via RSS
Subscribe by E-Mail
Blogroll
- ABA Construction Litigation Committee, Section of Litigation
- ABA Forum Committee on the Construction Industry
- American Arbitration Association
- American Institute of Architects
- American Society of Civil Engineers
- Associated Builders and Contractors
- Associated General Contractors
- Construction Superconference
- Construction Users Roundtable
Recent Past Posts
- February 2019 (2)
- January 2019 (5)
- December 2018 (4)
Tag Archives: Waiver
Subcontract Provision Requiring Subcontractor to Pass Through its Claims Does Not Prevent the Subcontractor From Suing to Recover Against Miller Act Bond
Pinnacle Crushing & Constr. LLC v. Hartford Fire Ins. Co., 2018 U.S. Dist. LEXIS 67965 (W.D. Wa. Apr. 23, 2018) The Army Corps of Engineers (the “Corps”), as owner, and Cherokee General Corporation (“CGC”), as prime contractor, entered into a … Continue reading
Federal Court in Alabama Rules that 1999 Amendment to the Miller Act Does Not Preclude Arbitration of Underlying Claims
United States v. Int’l Fid. Ins. Co., No. 16-0472-WS-C, 2017 U.S. Dist. LEXIS 16791 (S.D. Ala. Feb. 7, 2017) This action arose out of a payment dispute between Bay South Limited, Inc. (“Bay South”) and Stephens Construction & Concrete, Inc. … Continue reading
Posted in Miller Act, Uncategorized
Tagged arbitration, International Fidelity Insurance Company, United States, Waiver
Kentucky Appellate Court Holds That a Contractor May Pursue Claim of Negligent Misrepresentation Against Architect Despite Lack of Contract, the Economic Loss Rule, and Project Waivers
D.W. Wilburn, Inc. v. K. Norman Berry Assocs., No. 2015-CA-001254-MR, 2016 Ky. App. Lexis 206 (Ky. Ct. App. Dec. 22, 2016) This case arose out of a construction project in which the Oldham County Board of Education (the “Board”) was … Continue reading