Nabila Rahim | Zelle With its March 25 decision in Schoening Investment LP v. Cincinnati Casualty Co., the U.S. Court of Appeals for the Sixth Circuit recently joined a growing list of courts that have considered whether to depreciate labor costs to determine actual cash value.[1] The court relied on essential contract interpretation principles to evaluate… Continue reading 6th Circ. Ruling Highlights Split On Labor Cost Depreciation
Tag: Construction Contract
Contract’s Silence on the Southwest Bank Sinks Differing Site Condition Claim
Lee-Ann C. Brown and John Mark Goodman | BuildSmart The U.S. Court of Appeals for the Federal Circuit recently affirmed a decision of the Armed Services Board of Contract Appeals (ASBCA) denying a contractor’s differing site condition claim on a flood control project along the Trapp Canal in Jefferson Parish, Louisiana. Hamp’s Construction LLC v. Secretary… Continue reading Contract’s Silence on the Southwest Bank Sinks Differing Site Condition Claim
Risk, Recovery, and Release: Making Sense of Subrogation Waivers
Julia Bobbitt | Gray Reed A waiver of subrogation is a contractual provision in which one party agrees to relinquish its (or its insurer’s) right to seek reimbursement from another party for certain losses. To fully appreciate the significance of this provision, it is helpful to first understand the concept of subrogation itself. What is… Continue reading Risk, Recovery, and Release: Making Sense of Subrogation Waivers
ASBCA Converts Default Termination to Termination for Convenience: What Government Contractors Need to Know About Jaxon Construction, Inc.
Aron Beezley and Steven C. Herrera | BuildSmart The Armed Services Board of Contract Appeals (ASBCA) recently issued an important decision explaining when a federal agency may terminate a contractor for default before contract performance is complete. In Jaxon Construction, Inc., ASBCA No. 64432 (June 24, 2026), the board recognized that although the contractor may have… Continue reading ASBCA Converts Default Termination to Termination for Convenience: What Government Contractors Need to Know About Jaxon Construction, Inc.
Contract Claims 101: Common Construction Appeal Theories, Part 6
Lauren Brier and Caitlin Trevillyan | Piliero Mazza While Parts 4 and 5 of this series explored both common and less common theories available to contractors pursuing claims against the federal government, many of which can arise in the construction context, there are more nuanced theories that often, intersect with those more familiar claims involving changes, delays, or defective… Continue reading Contract Claims 101: Common Construction Appeal Theories, Part 6