Stan Martin | Commonsense Construction Law LLC | November 16, 2016 A hauling company submitted bids for removal of three different types of construction debris, and the parties agreed on and signed a contract covering two of those categories. Later, by oral agreement the third category initially bid on was added at a different price,… Continue reading Undocumented Oral Agreement Came Within Scope of Written Arbitration Clause
Month: November 2016
Top 10 Things Litigators Should Know About Insurance
Erica J. Dominitz and William T. Um | Kilpatrick Townsend & Stockton LLP | November 4, 2016 Most non-insurance litigators run for the hills when the topic of “insurance coverage” arises. Others profess to know enough about insurance coverage just to make themselves dangerous. Considering the rising costs of defending and settling lawsuits, it is… Continue reading Top 10 Things Litigators Should Know About Insurance
Virginia Supreme Court Undermines Effectiveness of Flow-Down Provisions in Construction Agreements
Thomas R. Folk and Michael S. Dingman | Reed Smith LLP | November 15, 2016 The Supreme Court of Virginia recently held in a construction case that typical flow-down provisions found in subcontracts are insufficient to pass through to the subcontractor, a general contractor’s waiver of statute-of-limitations rights in the prime contract. The decision begs… Continue reading Virginia Supreme Court Undermines Effectiveness of Flow-Down Provisions in Construction Agreements
Consequential Damages Flowing from Construction Defect Not Covered Under Florida Law
Tred R. Eyerly | Insurance Law Hawaii | November 16, 2016 Interpreting Florida law, the United States District Court found there was no duty to defend a contractor against construction defect claims. Evanston Ins. Co. v. Dimmucci Dev. Corp. of Ponce Inlet, Inc., 2016 U.S. Dist. LEXIS 123678 (M.D. Fla. Sept 13, 2016). The insured… Continue reading Consequential Damages Flowing from Construction Defect Not Covered Under Florida Law
What Every Construction Attorney Needs to Know About Lean Construction
Janette Keiser | Keiser Group | November 11, 2016 1. What is Lean Construction? Lean Construction is about adding value to your customer through the elimination of waste and continuous improvement of your business operations. Routinely, projects are late, over-budget or fail in some way to satisfy the client. The application of Lean Construction principles… Continue reading What Every Construction Attorney Needs to Know About Lean Construction