Lawrence Prosen | Kilpatrick Townsend & Stockton LLP | November 7, 2018 On November 5, 2018, the U.S. Court of Appeals for the Federal Circuit (“Court”) confirmed something that many of us in the Federal Government Construction Contracts industry always understood was the law, namely that even where an agency omits the Miller Act bonding… Continue reading Federal Circuit Confirms Miller Act Applies Even If Omitted from Contract
Month: November 2018
Serving the 558 Notice of Construction Defect Letter in Light of the Statute of Repose
David Adelstein | Florida Construction Legal Updates | October 13, 2018 Florida Statutes Chapter 558 requires a Notice of Construction Defect letter (“558 Notice”) to be served before a construction defect lawsuit is commenced. This is a statutory requirement unless contractually waived for a completed project when latent defects or post-completion construction or design defects are pursued. A recent Florida… Continue reading Serving the 558 Notice of Construction Defect Letter in Light of the Statute of Repose
Contract Scope Limits Tort Liability
Stan Martin | Commonsense Construction Law LLC | October 26, 2018 From the Massachusetts Appeals Court comes a reminder that a contract scope of services may serve to control or limit the scope of tort liability. New homeowners sued the contractor and designer, hired by the former homeowner for a replacement septic system, when that… Continue reading Contract Scope Limits Tort Liability
Verdict In Favor Of Insured Homeowner Reversed For Improper Jury Instructions
Tred R. Eyerly | Insurance Law Hawaii | September 24, 2018 The appellate court reversed the jury verdict in favor of the homeowners based upon improper instructions purporting to impose a duty to adjust the claim and how to construe a contract. Citizens Prop. Ins. Corp. v Mendoza, 2018 Fla. App. LEXIS 9497 (Fla. Ct. App. July… Continue reading Verdict In Favor Of Insured Homeowner Reversed For Improper Jury Instructions
Colorado Supreme Court Clarifies Bad Faith Standard
Ashley Harris | Property Insurance Coverage Law Blog | November 7, 2018 A recent Colorado Supreme Court opinion in Schultz v. GEICO Casualty Company, clarifies the standard for bad faith in Colorado. In the opinion, the court discusses both claims for common law bad faith and statutory unreasonable delay or denial of benefits. Most notably, the… Continue reading Colorado Supreme Court Clarifies Bad Faith Standard