Brian A. Wolf and Joseph R. Young | Smith Currie & Hancock | December 14, 2017 Contractors and design professionals are entitled to notice of alleged defects in their work and the opportunity to fix them without intervention by insurance companies and needless litigation. Today, Florida’s Supreme Court in Altman Contractors, Inc. v. Crum & Forster… Continue reading Florida Supreme Court Confirms 558 is Not a Civil Proceeding, Allowing Contractors and Design Professionals to Resolve Defect Disputes as Intended by the Legislature
Month: January 2018
Supreme Court’s Latest Construction Defect Decision and Its Impact on Construction Insurance Claims
David B. Haber, Frank Soto and Brett Silverberg | Daily Business Review | January 12, 2018 The issue of whether a 558 notice serves as a “claim” under a commercial general liability (CGL) policy, such as the one issued by Crum & Forster Specialty Ins. Co. (C&F) in Altman Contractors v. Crum & Forster Specialty Insurance, No.… Continue reading Supreme Court’s Latest Construction Defect Decision and Its Impact on Construction Insurance Claims
Court Rules That Insurers Must Treat Notice of Claim for Construction Defects as a “Suit”
Mike Seemuth | The Real Deal | January 21, 2018 The Florida Supreme Court ruled on a case centering on construction of the Sapphire Condominium in Fort Lauderdale and Altman Contractors Inc. The Sapphire Condominium in Fort Lauderdale (Credit: Keller Williams Realty) The Florida Supreme Court ruled that filing notice of a claim for a… Continue reading Court Rules That Insurers Must Treat Notice of Claim for Construction Defects as a “Suit”
Subcontractor Pass-Through Claims Are Vulnerable to the Severin Doctrine
Eric Frechtel and Amy Elizabeth Garber | Bradley Arant Boult Cummings LLP | January 24, 2018 Two recent decisions – one from the U.S. Civilian Board of Contract Appeals and the other from the U.S. Court of Federal Claims – provide opposing holdings on whether the government can raise a “Severin doctrine” defense to subcontractor “pass-through”… Continue reading Subcontractor Pass-Through Claims Are Vulnerable to the Severin Doctrine
Kentucky Supreme Court Holds “Pay-if-Paid” Provision in Subcontract Is Valid and Enforceable, Shifting Risk to Subcontractor
Michelle Beth Rosenberg | Pepper Hamilton LLP | January 25, 2018 Superior Steel, Inv. v. Ascent at Roebling’s Bridge, LLC, 2017 Ky. LEXIS 511 (December 14, 2017) Corporex Development and Construction Management, LLC (“Corporex”), a design builder, contracted with Dugan & Meyers Construction Company (“D&M”), a construction manager and general contractor on the Ascent at… Continue reading Kentucky Supreme Court Holds “Pay-if-Paid” Provision in Subcontract Is Valid and Enforceable, Shifting Risk to Subcontractor