CONSTRUCTION LAW UPDATE:
Recent Case Law and Other Developments Impacting the Construction Industry

1. INTRODUCTION
2. SOVEREIGN IMMUNITY
• WAIVER OF IMMUNITY FROM SUIT
• TORT CLAIMS
3. MECHANICS’ LIENS
4. EXHAUSTION OF ADMINISTRATIVE REMEDIES
5. ARBITRATION
• PARTIES BOUND BY ARBITRATION CLAUSES
• WAIVER
• ARBITRATOR MISCONDUCT
• ARBITRATOR DISCLOSURES
• ARBITRATORS EMPOWERED TO CONSOLIDATE CASES
6. TERMINATION OF CONTRACT
7. NEGLIGENCE
• UNSAFE WORKING CONDITIONS
• INDEMNIFICATION
8. CONSTRUCTION LITIGATION
• PASS-THROUGH CLAIMS
• CONTRACTUAL WAIVER OF TRIAL BY JURY
• SIDE-SWITCHING
9. DAMAGES
• PROOF
• HOME OFFICE OVERHEAD
• NO DAMAGES FOR DELAY CLAUSES
10. INSURANCE
11. SUBCONTRACTS

This paper is a summary of recent judicial decisions and other developments that have an impact on construction law. As with all such surveys, the classification of “significant” is with the authors, and other cases and developments could be included.

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