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Legal Updates
ELEVENTH CIRCUIT UPHOLDS STRICT ENFORCEMENT OF CONTRACT’S CHANGE ORDER APPROVAL PROCESS. PDF Print

(June 5, 2012) – 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.

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VIRGINIA SUPREME COURT HOLDS THAT SUB-SUBCONTRACTOR COULD NOT MAINTAIN THIRD-PARTY BENEFICIARY CLAIM AGAINST GENERAL CONTRACTOR. PDF Print

(May 24, 2012) – 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 unpaid subcontractors and suppliers no recourse. In order to pursue other parties on the construction project higher up the chain of privity, one avenue is to sue as a third-party beneficiary claimant, thereby enforcing another party’s contract on the basis that the plaintiff is the intended beneficiary of the other contract. However, a recent Virginia Supreme Court decision may have foreclosed that route for most subcontractors and suppliers.

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MARYLAND FEDERAL COURT RULES THAT STATUTE OF LIMITATIONS BARS CONSTRUCTION DEFECT CLAIM INVOLVING “GREEN” BUILDING. PDF Print

(April 22, 2012) - 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 construction of a “green” building in Annapolis, Maryland.

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COURT OF FEDERAL CLAIMS REJECTS DESIGN-BUILD CONTRACTOR’S DIFFERING SITE CONDITIONS CLAIM. PDF Print

 

(April 4, 2012) - This December, the Court of Federal Claims rejected a design-build contractor’s request for compensation for differing site conditions.
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VIRGINIA SUPREME COURT CLARIFIES WHEN A CLAIM IS DEEMED SUBMITTED UNDER THE VIRGINIA PUBLIC PROCUREMENT ACT. PDF Print

(March 21, 2012) - 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 intent to file a claim can forever bar a breach of contract action.

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CALIFORNIA COURT HOLDS OWNER LIABLE TO SUBCONTRACTOR FOR TORTIOUS INTERFERENCE WITH SUBCONTRACT. PDF Print

March 1, 2012 - 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 interference with the subcontract.

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CIVILIAN BOARD OF CONTRACT APPEALS RULES THAT GOVERNMENT CAN PURSUE ARCHITECT FOR SPECIFIC PERFORMANCE AND CONSEQUENTIAL RELIEF. PDF Print

February 16, 2012 - 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.

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NORTH CAROLINA COURT RULES THAT “NO DAMAGES FOR DELAY” CLAUSE DOES NOT TRUMP “EQUITABLE ADJUSTMENT” CLAUSE FOR COST ESCALATION CLAIMS. PDF Print

 

January 25, 2012 - In Southern Seeding Serv., Inc. v. W.C. English, Inc., 2011 WL 6039951 (N.C. App. Dec. 6, 2011), the North Carolina Court of Appeals found that a "no damages for delay" clause does not trump an "equitable adjustment" clause in the same construction subcontract. While labor and material cost escalation are normally perceived as an element of delay damages, the court in this case found that a separate contract provision distinguishing these costs permitted their recovery.
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RECENT CHANGES TO VIRGINIA'S LITTLE MILLER ACT ALTER THE RULES FOR CERTAIN PARTIES TO FILE CLAIMS AGAINST PAYMENT BONDS. PDF Print

December 13, 2011 - On March 25, 2011, the Virginia legislature threw a curve ball to companies supplying labor or materials on public construction projects.  This curve ball makes it both easier and harder for second-tier claimants to satisfy the prerequisites to filing suit against a payment bond. 

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DC FEDERAL COURT RULES THAT PROMPT PAYMENT ACT DOES NOT CREATE PRIVATE CAUSE OF ACTION. PDF Print

November 30, 2011 - This September, the U.S. District Court for the District of Columbia considered an issue of first impression in the District of Columbia - whether the federal Prompt Payment Act ("PPA"), codified at 31 U.S.C. §§ 3901-3907, creates a private cause of action for contractors.

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News

ROBERT J. DIETZ CO-AUTHORS CHAPTER OF 2017 A201 DESKBOOK.

(November 14, 2017) – Robert J. Dietz has co-authored a chapter in the ABA Forum on Construction Law 2017 A201 Deskbook. The A201 document, the industry's most frequently used set of ...

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ROBERT J. DIETZ AND SHOSHANA E. ROTHMAN HAVE BEEN NAMED PARTNERS WITH BRIGLIAMCLAUGHLIN.

(November 1, 2017) - BrigliaMcLaughlin is pleased to announce that Robert “Rob” J. Dietz and Shoshana “Shana” E. Rothman have been promoted to Partners with the firm. Rob and Shana ...

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RAZIYE ANDICAN JOINS BRIGLIAMCLAUGHLIN.

(September 18, 2017) - BrigliaMcLaughlin, PLLC is pleased to announce the addition of attorney Raziye ("Raz") Andican. Ms. Andican joins BrigliaMcLaughlin following her judicial clerkship with the Honorable Michael A. ...

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