Aaron Kornblith | The Bad Faith Sentinel | October 11, 2016 After a March 2012 hail storm damaged his home in Mission, Texas, Kenneth Toney (“Toney”) filed a claim with State Farm Lloyds (“State Farm”), his homeowners insurance carrier. The parties were unable to agree on the amount to which Toney was entitled for the… Continue reading Fifth Circuit: If It Ain’t Broke, Not Paying To Fix It Ain’t Bad Faith
Month: October 2016
Contractors + Subcontractors at Risk When Owner Fails to Pay Architect
Don Gregory, Eric Travers, Mike Madigan, Stephanie P. Union and Timothy Kelley | Kegler Brown Hill + Ritter | October 11, 2016 We have long counseled Owners about the risks associated with the standard AIA contract language stating that the Architect’s Drawings are “Instruments of Service” and the license to use them can be withheld… Continue reading Contractors + Subcontractors at Risk When Owner Fails to Pay Architect
Negotiating An In-Project Construction Dispute
Benjamin Pollock and Jeremiah Anderson | King & Spalding | October 4, 2016 Many thorny and competing interests are implicated when an ongoing major construction project experiences an unanticipated event that impacts the project schedule or costs, and the parties are unable to resolve quickly growing disputes. The owner generally wants progress to continue while… Continue reading Negotiating An In-Project Construction Dispute
Resolving Conflicting Contract Terms
Stan Martin | Commonsense Construction Law LLC | October 4, 2016 Was one party trying to be cute, or was this simply an error not caught in the drafting process? Two inconsistent terms made it into the final contract, and then became the basis for a post-termination dispute. One term allowed the contractor to recover… Continue reading Resolving Conflicting Contract Terms
Washington State Ruling Heightens Liability Risk for Design Professionals
Ross Siler | Government Contracts Insider | October 4, 2016 Recently, the Washington Court of Appeals potentially expanded the scope of tort duties owed by design professionals. In a May decision, the court held that an engineer’s duty of care to developers and property owners encompasses “the prevention of safety risks” even when no personal… Continue reading Washington State Ruling Heightens Liability Risk for Design Professionals