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
Companies in the construction industry face the risk of disputes every day, and defending those disputes means incurring attorneys’ fees. While companies sometimes pay those attorneys’ fees out of pocket, they may be able to trigger insurance coverage — either their own policy or that of another party on the project — to fund their
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
A federal judge in Houston has struck down the race-based aspects of two local contracting programs intended to remedy past discrimination as unconstitutional. The City of Houston’s program set goals for the percentage of contracts awarded to minority-owned businesses and allowed departments to impose contract-specific percentage requirements on non-minority-owned businesses. Non-minority-owned businesses were required to meet
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
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
On May 14, 2026, the Supreme Court unanimously held in Jules v. Andre Balazs Properties that when a federal court stays claims pending arbitration under Section 3 of the Federal Arbitration Act, it retains jurisdiction to confirm or vacate the resulting award under Sections 9 and 10. 608 U.S. —, 2026 WL 1336216 (May 14