Robert Banner | Tarter Krinsky & Drogin Judge Andrea Masley of the Supreme Court of New York County rendered a decision in Bldg 44 Developers LLC. v. The Pace Companies of New York LLC, which is highly significant in the area of construction law for two reasons: The first is that it clarifies, in the… Continue reading Consequential Damages: Contract Language Is Key
Category: Construction Contracts
Allocation of Risk in Construction Contracts
Randa Adra, Joshua Lindsay, Edmund Northcott and Evelien Van Espen | Global Arbitration Review Introduction Construction contracts not only define project scope, price and timeline, but crucially allocate risks between parties. Effective risk allocation – covering issues like cost overruns, design errors, unforeseen conditions and delays – is essential for project success and dispute avoidance.… Continue reading Allocation of Risk in Construction Contracts
One Size Doesn’t Fit All: Customizing Dispute Resolution For Commercial Contracts
Jonathan W. Fitch | JAMS Dispute resolution clauses are independent agreements within a contract and often do not get the attention they deserve. When drafting a complex agreement, it may be difficult to shift gears and imagine the problems that may arise in performance and the best way to deal with them. A court proceeding… Continue reading One Size Doesn’t Fit All: Customizing Dispute Resolution For Commercial Contracts
Updates to FAR: Contractor Qualifications, Protests, Quality Assurance, and Terminations
Christopher Slottee | Schwabe, Williamson & Wyatt The FAR Council is undertaking a systematic approach to revising the FARs. On August 15, 2025, it released its revisions to FAR Part 9 – Contractor Qualifications, FAR Part 33, Protests, Disputes, and Appeals, FAR Part 46, Quality Assurance, and FAR Part 49, Termination of Contracts. Redlines showing the additions and deletions to… Continue reading Updates to FAR: Contractor Qualifications, Protests, Quality Assurance, and Terminations
Court Affirms Quantum Meruit Award in Home Construction Dispute
Jose A. Aquino | Duane Morris In Schott v. Lucatelli, decided by the New York State Supreme Court, Appellate Division, Third Department on June 12, 2025, the court addressed a dispute between two members of an extended family over the construction of a home. In 2017, the defendant asked the plaintiff to build a home, but… Continue reading Court Affirms Quantum Meruit Award in Home Construction Dispute