Since our last post on COVID-19 and force majeure earlier this month, the number of coronavirus cases has quintupled across the world, causing major disruptions to global shipping networks as governments imposed lockdowns on entire cities, regions, and countries. While transportation providers continue to move large shipments of goods by ocean, air, rail, and truck, many […]
Can Force Majeure Protect You from Claims Arising from Coronavirus Disruptions? The coronavirus' impact on the global shipping network invites the question: Does language in your transportation contracts protect you against customer claims arising from disruptions in service due to the coronavirus? Correspondingly, does language in counterparties’ contracts for transportation, warehousing, and logistics services allow […]
As everyone is probably aware, the coronavirus has had a devastating impact on the global shipping network, including ocean transportation. This invites the question: Does language in your transportation contracts protect you against customer claims arising from disruptions in service due to the coronavirus? Correspondingly, does language in counterparties’ contracts for transportation, warehousing, and logistics […]
GKG Law recently prevailed on summary judgment in the United States District Court for the Southern District of New York against The Containership Company (“TCC” ) in a case involving claims in excess of $8 million. GKG Law serves as counsel for over 20 defendants in this litigation which began in 2011 after TCC filed for bankruptcy in […]
On August 29, 2019, the Surface Transportation Board issued a decision that further heightens the need for rail shippers to press the Board for revisions to the agency’s regulations and policies that test the reasonableness of rates paid by rail shippers captive to a single railroad for service. All three of the current Board members […]
On August 16, 2019, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit Court”) affirmed a decision by the U.S. District Court for the District of Columbia to deny class certification In re Rail Freight Surcharge Antitrust Litig., No. 18-7010 (D.C. Cir. August 16, 2019). The case involved a putative […]
A common problem faced by contractors and subcontractors is getting paid for work performed on a construction project. This may be the result of the project owner withholding payments or in the case of a subcontractor, the general contractor refusing to issue payments. Whatever the reason, the contractor or subcontractor is faced with the dilemma […]
When entering into a contractor-subcontractor agreement, it is important to carefully review the “boilerplate” to ensure that you as a subcontractor are properly protected and are not being subjected to onerous and unfair obligations. Although as a subcontractor you may have limited bargaining power with respect to negotiating the terms and conditions of the contract, […]
On July 16, 2019, GKG Law submitted an amicus brief to the Supreme Court on behalf of the American Fuels & Petrochemical Manufacturers Association (“AFPM”) and the International Liquid Terminals Association (“ILTA”) in CITGO Asphalt Refining Co. v. Frescati Shipping Co., Ltd. (“Frescati’”). In November of 2018, GKG Law had submitted an amicus brief in […]
GKG Law recently successfully represented a mechanical and plumbing subcontractor in arbitration in which a general contractor alleged defects in the subcontractor’s performance of work performed on a brewery. The contractor sought in excess of $200,000 in damages plus attorneys’ fees in the arbitration. GKG filed a counterclaim seeking recovery of the unpaid balance under […]