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
The most visible construction project in America is back in the news with a federal appeals court affirming a preliminary injunction against above-ground construction on the new ballroom at the White House. The court found that the president had exceeded his authority by starting construction on public property without the necessary funding and approval from
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 of the Army, No. 2024-1528 (Fed. Cir.
The Spearin doctrine is alive and well in Maryland. Pursuant to that doctrine, owners who provide plans and specifications to a contractor impliedly warrant that information and may be responsible if that information is defective. Last week, a Maryland appeals court applied the century-old Spearin doctrine to affirm a trial court victory for Balfour Beatty
We all have legal duties. Some arise from contracts that we choose to enter. Others are spelled out in statutes or regulations. Still others are imposed by the common law. One of the most basic common law duties is the duty to exercise reasonable care to avoid injury to others. What constitutes reasonable care varies
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
In basketball there is a shot clock. Once a team has the ball, it must shoot within 30 seconds. We’re obviously talking about college basketball since its March, but the NBA has a similar 24-second shot clock. Failure to shoot within the required time automatically gives the ball back to the other team. The law’s
A contract is an exchange of promises that the law will enforce. Contract law provides that promises are enforceable, under what circumstances, and the available remedies. Although application may vary by jurisdiction, there are some principles of contract law that have been widely adopted. One of those is the principle of “first material breach.” Generally, under this principle
The Washington Court of Appeals recently affirmed a jury verdict and $30 million judgment for general contractor Skanska. The case involves the construction of the 41-story Nexus condominium tower in downtown Seattle. As is often the case, one of the central issues was whether Skanska was entitled to be paid for alleged changes to its
In a recent decision, the Court of Federal Claims (COFC) ruled on bid protests filed by 12 construction companies challenging the implementation of a February 4, 2022, Executive Order 14063 that mandated the use of project labor agreements (PLAs). FAR Council implemented EO 14063 in January 2024, and it was the first executive mandate