Jose A. Aquino | Duane Morris In public construction projects, disputes over payment obligations between contractors and subcontractors often depend not only on the terms of the contract but on the resolution of underlying factual questions. A recent decision from the Appellate Division, First Department in Brownie Companies of Long Island, LLC v. Volmar Construction, Inc.,… Continue reading Judicial Caution in Determining Liability for Withheld Payments Under Public Works Contracts
Month: August 2025
Colorado Supreme Court Rules There is no Exception to the Economic Loss Rule for Willful and Wanton Conduct
Michael Laszlo | Clark Hill On April 21, the Colorado Supreme Court held that there is no exception to the economic loss rule (“ELR”) for willful and wanton conduct. In Mid-Century Ins. Co., v HIVE Constr., Inc., the court drew an important distinction between intentional conduct (which is an exception the to the rule) and willful… Continue reading Colorado Supreme Court Rules There is no Exception to the Economic Loss Rule for Willful and Wanton Conduct
Appellate Court Reaffirms Limits On Delay Damages In Construction Contracts
Jose A. Aquino | Duane Morris On June 5, 2025, the Appellate Division, First Department of the New York Supreme Court issued an opinion in Gamma USA, Inc. v. Pavarini McGovern, LLC, addressing the enforceability of a no-damages-for-delay clause in a construction contract between the subcontractor and contractor. The subcontractor had brought breach of contract claims… Continue reading Appellate Court Reaffirms Limits On Delay Damages In Construction Contracts
Finding an Expert Witness: Best Practices for Finding Credible Experts
Kim Beane | Womble Bond Dickinson In court, cases often come down to the “battle of the experts” and the credibility and character of experts can make or break a case. When you need an expert witness for your case, where do you turn? Whether you need an oncologist, a mechanical engineer, a statistician, or… Continue reading Finding an Expert Witness: Best Practices for Finding Credible Experts
GAO Issues a New Bid Protest Pleading Standard
Patrick R. Quigley and Aron C. Beezley | BuildSmart In a recent decision, the Government Accountability Office (GAO) clarified its minimum pleading standard for bid protests. The decision was a bit unusual because, unlike the courts, the GAO rarely uses published decisions to address procedural issues. Nevertheless, the pleading standard described in the decision, which was… Continue reading GAO Issues a New Bid Protest Pleading Standard