Kentucky Fried Claim: Contractor Preserves Immunity from Suit by Complying with Government Contract SpecificationsRecently, in Cross v. L-M Asphalt Partners, Ltd., the Kentucky Court of Appeals upheld a contractor’s immunity from suit for negligence, where the contractor complied with the contract and construction specifications provided by the Kentucky Transportation Cabinet Divisions of Construction Procurement (KYTC). The case arose from a collision between a motorcycle and a car

Federal Prompt Pay Act Does Not Afford Subcontractors Right to Sue General ContractorOn October 15, 2020, in EMTA Insaat Taahhut ve Ticaret A.S. v. Cosmopolitan Incorporated, a federal district court held that the federal Prompt Pay Act (PPA) (31 U.S.C. §§ 3901, et al.) does not create a private right of action for a subcontractor against a general contractor.  The dispute arose from a project for

ICC Releases New International Arbitration Rules – Important Changes for the Construction and Energy SectorThe International Chamber of Commerce (ICC) International Court of Arbitration, one of the leading international arbitral institutions, has released revised Rules of Arbitration to take effect in January 2021. The 2021 ICC Rules contain some important updates, especially for the construction and energy sector, which constitutes approximately 40% of the ICC’s overall caseload. The 2021