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
Category: Construction Contracts
Judicial Caution in Determining Liability for Withheld Payments Under Public Works Contracts
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
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
Cost Reimbursable vs. Lump Sum Turnkey Construction Contracts: the Many Routes to Bankability
Troy Edwards and Peter Tolson | A&O Shearman In the construction industry, the choice of procurement approach is a critical decision that shapes project risk allocation, financing structures, equity support requirements, and practical execution considerations. Lenders and investors closely scrutinize contract terms to assess the bankability of a project, as the allocation of risk between… Continue reading Cost Reimbursable vs. Lump Sum Turnkey Construction Contracts: the Many Routes to Bankability
Key Changes to R&D, Construction, and Contract Actions
Anam Abid, Cherlylyn Harley LeBon and James Sabia | Cohen Seglias Pallas Greenhall & Furman As discussed in our previous update, the FAR Council has been periodically publishing revisions to the Federal Acquisition Regulation (FAR). These revisions come on the back of the Trump Administration’s executive order “Restoring Common Sense to Federal Procurement.” For more information… Continue reading Key Changes to R&D, Construction, and Contract Actions