Jacob Zahniser | Miller Nash On November 13, 2025, the Oregon Court of Appeals published Seabold Construction Co., Inc. v. KOZ 2211 SW 4th Avenue, LLC, 344 Or App 688 (2025)—a decision that could signal the death knell for quantum meruit (unjust enrichment) claims in Oregon construction. The Court’s Decision in Seabold In Seabold, the plaintiff contractor Seabold… Continue reading Do Quantum Meruit Claims in Construction Exist Anymore?
Tag: Construction Contract
Appellate Court Reinforces Delay Clause in Construction Subcontract
Jose A. Aquino | Duane Morris The First Department’s recent decision in Henick–Lane, LLC v. Stellar Management Group, Inc. reaffirms New York’s strong policy of enforcing no-damages-for-delay clauses. Henick–Lane sought compensation for eight change orders tied to delays, but the subcontract’s no-damages-for-delay clause limited remedies to extensions of time. The court held that the claims were barred,… Continue reading Appellate Court Reinforces Delay Clause in Construction Subcontract
Those Involved in Private Construction Agreements in California Must Act Now to Prepare for New Claim Resolution Requirements
Laurence Phillips | Procopio, Cory, Hargreaves & Savitch The clock is ticking for anyone involved in negotiating or administering private construction agreements in California. Beginning January 1, 2026, the Private Works Change Order Fair Payment Act (SB 440) will reshape how change orders and claims arising from them are handled on private construction projects. Private… Continue reading Those Involved in Private Construction Agreements in California Must Act Now to Prepare for New Claim Resolution Requirements
Steps You Can Take When a Construction Contract Is Breached
Joseph Davies | Smith Debnam Narron Drake Saintsing & Myers In the construction industry, every project depends on clear agreements, reliable performance, and trust between parties. Yet even with the most carefully drafted contract, disputes can and will arise, and sometimes one party fails to uphold their end of the deal. A breach of a… Continue reading Steps You Can Take When a Construction Contract Is Breached
Key Construction Contract Provisions to Avoid Disputes and Manage Tariffs
Ted Degenhardt | Clark Hill “The beginning of wisdom is to define.” (Aristotle) A well-drafted contract defines each party’s rights and obligations, bringing wisdom to the transaction. In order to avoid potential disputes and minimize contractual risks, it is important to understand the specific provisions that are either required or helpful to include in construction contracts.… Continue reading Key Construction Contract Provisions to Avoid Disputes and Manage Tariffs