On August 12, 2026, the 9th Circuit joined the D.C. Circuit in ruling that the doctrine of forum non conveniens does not apply to an action to confirm a foreign arbitral award under the New York Convention. A three-judge panel unanimously rejected the argument by award debtor, the Indian state-owned company Antrix Corp. Ltd., that
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 Boldt v. Black & Veatch saga continues. As you may recall, the dispute involves a 60-turbine wind farm in Good Hope, Illinois. The general contractor, Black & Veatch, terminated its subcontractor Boldt for delays installing the turbines. Boldt claimed the delays were excusable and filed suit for wrongful termination. Black & Veatch counterclaimed for
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
A recent order from the Civilian Board of Contract Appeals in Zhang v. General Services Administration offers important guidance on the scope of discovery obligations in federal contract disputes — particularly where responsive records are held not by the respondent agency, but by a separate federal entity.
The decision merits attention for its analysis of
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
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
Recent reports and contractor experiences suggest that the U.S. Agency for International Development (USAID) has, in some instances, failed to timely pay contractors for work that has already been performed and accepted. While payment delays are not unprecedented in federal contracting, prolonged or systemic nonpayment raises serious legal and practical concerns — particularly for contractors