John Mark Goodman | BuildSmart A federal judge in Oregon has tossed a subcontractor’s unjust enrichment or “quantum meruit” claim against the owner because the subcontractor did not first exhaust its contractual remedies against the contractor. Exhaustion of remedies is a common legal doctrine that generally requires parties to pursue relief in a particular order. In… Continue reading Exhaustion of Remedies: Owner Defeats Subcontractor’s Unjust Enrichment Claim
Mandatory Laws and Extra-Contractual Claims
Eun Young Park, Zac Sharpe, Sanghoon Han and Hyunyang Ko | Global Arbitration Review Introduction Construction contracts are normally detailed documents with voluminous appendices that are finalised after several rounds of internal review, clarification and careful consideration. The working assumption of the procurement and marketing teams involved in contract negotiations is that the agreement between… Continue reading Mandatory Laws and Extra-Contractual Claims
Enforcing A Lien In Washington State
Babak Shamsi | Beresford Booth In Washington State, many mechanisms exist to enforce a debt. One of the most powerful mechanisms is the claim of lien. At its most basic definition, a lien is a claim to the personal or real property of another who owes the creditor money. With respect to real property, a… Continue reading Enforcing A Lien In Washington State
Consequential Damages: Contract Language Is Key
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
Court Interprets “Completion” of a Project Under Builder’s Risk Insurance
Joshua Tumen | Cozen O’Connor In Luke, Inc. v. Berkley National Insurance Company, 2025 WL 2210783 (W.D. Tenn. 2025), the United States District Court for the Western District of Tennessee determined that the “completion” of a construction project for purposes of coverage under a builder’s risk policy concerned the permanent physical elements of the structure, and… Continue reading Court Interprets “Completion” of a Project Under Builder’s Risk Insurance