Jane Fox Lehman | Constructlaw® | February 14, 2016 City of Whiting, Indiana v. Whitney, Bailey, Cox, & Magnani, LLC, 2015 U.S. Dist. LEXIS 150229 (N.D. Ind. Nov. 5, 2015) The City of Whiting, Indiana (the “City”) contracted with American Structurepoint, Inc. (“Engineer”) to design a lakefront park that would protect its shoreline from erosion… Continue reading Federal Court in Indiana Permits City to Sue Design Subconsultant Despite Lack Of Privity
Month: March 2016
Addenda to Construction Contract Can Be an Issue
Christopher G. Hill | Construction Law Musings | March 2, 2016 We’ve all been there. Your client either has a well drafted standard subcontract (with any luck in consultation with an experienced construction attorney) that it presents to its subcontractors and suppliers or your client is presented with a construction contract that has some provisions… Continue reading Addenda to Construction Contract Can Be an Issue
Subcontractor Default Insurance – A Modest Rebuttal
Michael S. McNamara | Pillsbury Winthrop Shaw Pittman LLP | March 1, 2016 Subcontractor default insurance (SDI) was created more than twenty years ago. Despite its relatively recent vintage, SDI is now offered by multiple insurers and is quickly replacing traditional subcontractor payment and performance bonds as a go-to option on large-scale construction projects. SDI… Continue reading Subcontractor Default Insurance – A Modest Rebuttal
Citizens Property Insurance Attempts to Limit its Coverage for Water Damage
Sean Shaw | Property Insurance Coverage Law Blog | March 2, 2016 I was surprised when I first saw the Sun-Sentinel article, Citizens files request for 72-hour deadline to report loss. The more I read and thought about the article the angrier I became. As I have written in the past, Florida policyholders continue to… Continue reading Citizens Property Insurance Attempts to Limit its Coverage for Water Damage
Prospective Reasonableness: Assessing Liquidated Damages in Construction Contracts
Barbara Jordan | Dinsmore & Shohl LLP | February 24, 2016 Today, the Supreme Court of Ohio ruled that the reasonableness of a liquidated damages provision is determined by prospectively analyzing the per diem amount rather than the aggregate amount of damages assessed. Piketon v. Boone Coleman Constr., Inc., Slip Opinion No. 2016-Ohio-628, involves the late… Continue reading Prospective Reasonableness: Assessing Liquidated Damages in Construction Contracts