NEW YORK – Troutman Pepper, as specialty construction counsel, represented a consortium of investors consisting of Vantage Airport Group, JetBlue, American Triple I, and RXR Realty in a deal to build, finance, and operate a new US$4.2 billion passenger terminal at New York’s John F. Kennedy International Airport (JFK). The financial close of the deal was announced on November 17.
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Third Circuit, Applying NJ Law, Revisits Distinction Between Direct and Consequential Damages and Holds Indemnification Obligation Only Applies When Seeking Damages for Third-Party Losses
California Supreme Court Holds Public Entity May Be Liable to Contractor for Nondisclosure of Material Information Under Superior Knowledge Doctrine – Proof of Affirmative Concealment or Intentional Misrepresentation Not Required
Pennsylvania Superior Court Holds Unpaid Supplier’s Right to Contract Funds is Superior to Rights of Failed Contractor’s Secured Bank Creditor and Bankruptcy Estate – Owner’s Recovery of Attorneys’ Fees in Interpleader Disallowed
U.S. Court of Appeals for the Fifth Circuit Holds Performance Bond Claim Time Barred – Estoppel Excuse Not Available to City
Indiana Supreme Court Holds Economic Loss Doctrine Bars Owner’s Claims for Design Deficiencies Against Engineering Firms Not in Privity
U.S. District Court in Georgia Holds Written Change Order Requirement Waived By Course of Conduct
U.S. District Court in Delaware Allows Contractor’s Tort Claims Against Engineer to Proceed – Also Holds Owner Not an Indispensable Party
Rhode Island Court Holds Notice of Default and Termination Prior to Completion a Condition to Claim on Subcontractor Performance Bond
Court of Appeals of Maryland Holds AIA A107-1997 Waivers of Subrogation Clause Ambiguous – Therefore Extrinsic Evidence Should Be Considered to Determine Whether the Parties Intended the Waiver to Apply to Claims Arising After Construction
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