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
Tag: Construction Contract
Lessons Learned – Did I Waive My Claim Against the Government?
Nicholas Solosky | Fox Rothschild Contractors working with the federal government understand that contract modifications are a fact of life. Projects rarely unfold exactly as planned – and changes to the scope of work, performance deadlines, and pricing (just to name a few) all require formal contract modifications. With those modifications often comes something else… Continue reading Lessons Learned – Did I Waive My Claim Against the Government?
At the Border of Contract and Torts in Construction Disputes
Garret Murai | California Construction Law Blog “The declining significance of privity has found its way to construction law.” So begins the 4th District Court of Appeal’s decision in Lynch v. Peter & Associates, Engineers, Geologists, Surveyors, Inc., 104 Cal.App.5th 1181 (2024). The case addresses the legal duty of care owed by construction professionals – specifically… Continue reading At the Border of Contract and Torts in Construction Disputes
Massachusetts High Court Allows Plaintiffs to Bring Contract-Based Construction Defects Claim After Expiration of Statute of Repose
Will S. Bennett and Ali H. Jamwal | Saxe Doernberger & Vita The Supreme Judicial Court of Massachusetts recently expanded plaintiffs’ rights to bring construction defects suits in the state.[1] The ruling allows plaintiffs in Massachusetts to now bring suit even after the statute of repose for construction defect claims has passed if the cause of… Continue reading Massachusetts High Court Allows Plaintiffs to Bring Contract-Based Construction Defects Claim After Expiration of Statute of Repose
PPP Loan Credits and Government Contracts: What Contractors Need to Know During Incurred Cost Reviews
Aron C. Beezley and Nathaniel J. Greeson | BuildSmart As federal contractors continue to navigate the post-pandemic compliance landscape, a recurring issue has emerged in government audits and incurred cost reviews: whether and how contractors must credit the government for Paycheck Protection Program (PPP) loan forgiveness amounts received during the performance of cost-reimbursement contracts. The… Continue reading PPP Loan Credits and Government Contracts: What Contractors Need to Know During Incurred Cost Reviews