The Tennessee Court of Appeals has upheld a punitive damages award against general contractor The Weitz Company, finding that the subcontract’s general waiver of special damages did not bar recovery for intentional misrepresentation. The case arose from construction of a multi-building retirement community in Shelby County, Tennessee. Weitz hired Commercial Painting Company to perform the
In our companion posts, we looked at the quirks that make Virginia’s and Maryland’s mechanic’s lien laws unique. Cross the river again into Washington, D.C., and you land in a third system with its own personality. Washington, D.C.’s mechanic’s lien law borrows a little from each neighbor but lands closer to Virginia: It’s generally protective
In construction contracts, proposals, drawings, studies, etc. are often incorporated by reference. A Nebraska federal court recently addressed what language is sufficient to accomplish such incorporation. In Cleaver Brooks Co. v. B&K Mechanical Contractors, LLC, No. 4:23-CV-3243, 2026 WL 2254434 (D. Neb. Aug. 5, 2026), the court rejected an argument that a subcontract’s reference
In our companion post, we looked at the quirks that make Virginia’s mechanic’s lien law unique. A link to that post is here. Just across the Potomac, Maryland’s version of the same tool is built on a completely different foundation. If you build, renovate, or supply materials on a Maryland project — or own
The U.S. Court of Appeals for the 10th Circuit has affirmed the jury verdict and judgment in favor of engineering firm AECOM Technical Services in its long-running dispute with the Flatiron-AECOM joint venture (JV). The case involves construction of 12.5 miles of express lanes on State Highway C-470 just south of Denver, Colorado. AECOM brought suit to
A Texas appellate court recently applied the economic loss doctrine to reverse a nearly $10 million jury verdict in favor of a pipeline contractor.
The dispute arose from the construction of a 32-mile natural gas pipeline in West Texas. After disagreements developed during the project, the contractor sued the project owner for breach of
The usual measure of damages for breach of a construction contract is the cost to repair the defects or finish the incomplete work. But what if the cost to repair or compete is grossly disproportionate to the value that the additional work would create? In that case, some courts will instead measure damages based on diminution
The 11th Circuit Court of Appeals has affirmed an $80 million ruling in favor of Skanska USA and Granite Construction against their joint-venture partner Lane Construction. The case involves a $2.3 billion highway improvement project in Florida known as the “I-4 Ultimate Project,” a public-private partnership (or “P3”) project for the Florida Department of Transportation. The court
We previously reported on the dispute between AECOM and Exxon over work performed at Exxon’s refinery in Montana. AECOM claimed it was owed roughly $100 million for extra work performed during a plant turnaround in 2019 that lasted 17 weeks instead of seven weeks as planned. Exxon disputed that it owed additional money and counterclaimed
The Eighth Circuit Court of Appeals has affirmed a jury verdict finding that a developer and its founder defrauded a contractor by misrepresenting the availability of construction funding. See Selective Ins. Co. of Am. v. Heritage Const. Cos. et al, Case No. 24-2333, 2026 WL 263591 (D. Minn. Feb. 2, 2026). The case involves construction of a