Real Estate & Construction

For over 125 years, the vast majority of jurisdictions have refused to bind contractors to erroneous bids. In 1900, the U.S. Supreme Court reasoned that a bidder should not be bound to a clerical mistake because, if that happens, there could be no meeting of the minds to create a contract. Moffett, Hodgkins & Clarke […]
The post ROADS & BRIDGES | BIDDING BLUNDER appeared first on Heavy Construction Law Blog | Jonathan Straw.
Continue Reading ROADS & BRIDGES | BIDDING BLUNDER

Lang Thal King & Hanson ranked #5 in the category of construction litigation in Ranking Arizona in 2025. Thank you for your support!

Vote for Lang Thal King & Hanson in Ranking Arizona 2026 for Construction Litigation

Vote for Lang Thal King & Hanson in Ranking Arizona 2026 for Commercial Litigation


Continue Reading Lang Thal King & Hanson makes the top 5 in construction litigation in Ranking Arizona 2025

The White House has directed Agency heads to “terminate or modify . . . covered contracts.” With some exceptions, there are numerous potential contracts on the chopping block. What should contractors do? Upon receipt of a unilateral modification, assess whether the cost or time will increase in unchanged areas. For example, deductive changes for certain […]
The post FEDERAL CONTRACT TERMINATION OR MODIFICATION appeared first on Heavy Construction Law Blog | Jonathan Straw.
Continue Reading FEDERAL CONTRACT TERMINATION OR MODIFICATION

MAXIMIZING DAMAGE RECOVERY Tracking Costs, Avoiding Duplication in Liquidated and Actual Damage Claims A County and Contractor contracted for construction of a road and drainage improvement project. The planned project duration was 180 days. The Contractor delayed and defaulted. The Contractor’s surety entered into a takeover agreement with the County to complete the project. Continue […]
The post Roads & Bridges | Maximizing Damage Recovery appeared first on Heavy Construction Law Blog | Jonathan Straw.
Continue Reading Roads & Bridges | Maximizing Damage Recovery

ROADWORK, DELAYS, AND DISPUTES The Subcontract Case In Pecos County, Texas “Road construction is ubiquitous in our society. . . .” C&C Road Construction, Inc. v. Saab Site Contractors, LP, 574 S.W.3d 576 (March 29, 2019). The Court of Appeals of El Paso, Texas could not be more right on this point. And where there […]
The post Roads & Bridges | Roadwork, Delays and Disputes appeared first on Heavy Construction Law Blog | Jonathan Straw.
Continue Reading Roads & Bridges | Roadwork, Delays and Disputes

UNDERSTANDING SOVEREIGN IMMUNITY| Public Contracts and Lessons from Recent Texas Cases Generally, governmental entities are immune from lawsuits. One exception is contractual. If a governmental entity is party to a contract and likely procedural requirements are strictly followed (e.g., notice and/or presentation of claims, among others), then the government is deemed to have has waived […]
The post Roads & Bridges | Understanding Sovereign Immunity appeared first on Heavy Construction Law Blog | Jonathan Straw.
Continue Reading Roads & Bridges | Understanding Sovereign Immunity

INDIANA COURT UPHOLDS BROAD ND4D CLAUSE | Indiana Court Upholds Broad ND4D Clause This is the story of an Indiana court that broadly applied a delay damages waiver to claims for delays, accelerations and changes. Continue reading.
The post Roads & Bridges | Indiana Court Upholds Broad ND4D Clause appeared first on Heavy Construction Law Blog | Jonathan Straw.
Continue Reading Roads & Bridges | Indiana Court Upholds Broad ND4D Clause

SOME CONDITIONS APPLY | The scope of insurance policy coverage and what the terms dictate At some time or another, many have tried to read, and some have actually understood insurance policies. Many of those same people have concluded (rightfully) that word games, puzzles and the like are far easier (and more entertaining). Elementally, insurance […]
The post Roads & Bridges | Some Conditions Apply appeared first on Heavy Construction Law Blog | Jonathan Straw.
Continue Reading Roads & Bridges | Some Conditions Apply

Inconsistency among Arizona’s trial courts in how the 2021 statutory revisions are to be applied make legal strategies difficult for contractors to employ statewide.

By

Jamie Hanson

In September 2021, the Arizona legislature amended

A.R.S. § 12-910

, which governs appeals of administrative decisions by the Registrar of Contractors and allows for a

trial de novo

after an ROC hearing.

We discussed the effects of those amendments in two previous articles:


Continue Reading ROC cases and the “trial de novo” statute: After three years, uncertainty endures

CONTRACT TERMINATION | An unpredictable case teaches hard lessons to each party involved Court decisions are “opinions.” There are majority and dissenting (disagreeing) opinions. Consistency in opinions across different courts, judges and cases promotes certainty and efficiency. Although courts may strive for consistency as they apply the facts of each case to the applicable laws, […]
The post Roads & Bridges | Contract Termination appeared first on Heavy Construction Law Blog | Jonathan Straw.
Continue Reading Roads & Bridges | Contract Termination

GOOD FAITH AND FAIR DEALING | How Do You Prove a Party Has Failed to Act Based Upon an Ulterior Motive? The duty of good faith and fair dealing comes with every contract. A breach of which is challenging to prove because it is relatively simple to fulfill. In 2017, a contractor agreed to mill […]
The post Roads & Bridges | Good Faith and Fair Dealing appeared first on Heavy Construction Law Blog | Jonathan Straw.
Continue Reading Roads & Bridges | Good Faith and Fair Dealing

NOT ANOTHER NOTICE STORY| This Defensive Argument Seems to be on the Rise AS I CONSIDERED the subject matter for this column, I found yet another example of courts strictly enforcing notice requirements. If you regularly read this column, you have seen similar scenarios and may wonder, “Why am I reading yet another story about […]
The post Roads & Bridges | Not Another Notice Story appeared first on Heavy Construction Law Blog | Jonathan Straw.
Continue Reading Roads & Bridges | Not Another Notice Story