Commonly Used Progress Payments In Construction Contracts Do Not Render Them Installment Contracts

In BIL-JIM Construction Company, Inc. v. Wyncrest Commons, LP, 2023 WL 7276637 (Unpublished, decided November 3, 2023), the New Jersey Appellate Division was asked to consider two issues regarding the interpretation and application of a construction contract that utilized the standard form American Institute of Architects owner/contractor agreement (AIA Document A101-2007) (the “AIA Contract”). Specifically, it was asked to consider: 1) whether a modified AIA Contract was an “installment contract,” whereby each progress payment was […]

By | Jun 23, 2024 ||

Construction Industry Groups Challenge DOL’s New DBRA Regulations

Less than a month after taking effect, the Department of Labor’s (“DOL”) broad changes to the regulations implementing Davis-Bacon and Related Acts (“DBRA”) are facing legal challenges in two federal courts. These newly-filed lawsuits could change things for those trying to navigate the new regulatory landscape. Contractors on DBRA-covered contracts should keep an eye out for developments.

On October 23, 2023, DOL’s final rule updating the regulations implementing DBRA became effective. The first major overhaul […]

By | Jun 21, 2024 ||

Tennessee Supreme Court Holds Economic Loss Doctrine Does Not Apply To Construction Services Contracts

The Tennessee Supreme Court recently held that the economic loss doctrine (ELD) “only applies in products liability cases and should not be extended to other claims.” After years of confusion and guessing by the lower courts and federal district courts in the state, the Court in Commercial Painting Company, Inc. v. The Weitz Company, LLC, et al. (Weitz) declined to extend the ELD and clarified that it does not apply to contracts for services, including […]

By | Jun 19, 2024 ||