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
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
On April 15, 2026, the U.S. Court of Appeals for the Federal Circuit issued a significant decision in Life Science Logistics, LLC v. United States, No. 2024-1522, clarifying the legal standard governing judicial review of agency overrides of automatic stays under the Competition in Contracting Act (CICA). While the court addressed jurisdiction under