Christopher G. Hill | Construction Law Musings I have discussed the need to always respond to a lawsuit on multiple occasions here at Construction Law Musings. However, I keep reading cases where the defendant fails to appear either by pleading or in person. Such action is never a good idea as demonstrated once again in the case of Balfour… Continue reading Another Reminder to ALWAYS Show up for Court
Month: January 2020
When is a General Contractor’s License Required for Emergency Remediation Services?
Evan m. Musselwhite | Ward and Smith North Carolina has seen an increase in the need for building repair services following the damage caused by recent hurricanes, including Florence in 2018 and Dorian in 2019. Frequently, these services must be performed on an emergency basis. These services are referred to by many different names but… Continue reading When is a General Contractor’s License Required for Emergency Remediation Services?
Insured’s Leaky “Abrupt” Interpretation of All-Risk Insurance Collapses Under Eleventh Circuit Scrutiny
D. Barret Broussard | Property Casualty Focus In S.O. Beach Corp. v. Great American Insurance Company of New York, No. 18-1967 (11th Cir. Oct. 31, 2019), the Eleventh Circuit affirmed the district court’s grant of summary judgment in full to the insurer, finding there was no ambiguity in the all-risk policy’s definition of a “collapse” as… Continue reading Insured’s Leaky “Abrupt” Interpretation of All-Risk Insurance Collapses Under Eleventh Circuit Scrutiny
Agreement to Arbitrate Assignable, but Subject to Statute of Limitations
Stanley A. Martin | Commonsense Construction Law Construction of an apartment building was completed in 2005, under a contract with an arbitration clause. The building was sold in 2015, and the seller assigned its rights under the construction contract to the buyer. In 2018, one or more balconies on the building collapsed. Subsequent investigation showed… Continue reading Agreement to Arbitrate Assignable, but Subject to Statute of Limitations
ASBCA Confirms that the Government’s Failure to Identify a Defect During Construction is a Constructive Waiver of the Specifications
Maria Panichelli and Michael Richard | Obermayer Rebmann Maxwell & Hippel Many federal construction contractors have been there: it’s near the end of the project and the government raises an issue with work that was done much earlier, but is not in strict compliance with the specifications. The contracting officer demands strict compliance with the… Continue reading ASBCA Confirms that the Government’s Failure to Identify a Defect During Construction is a Constructive Waiver of the Specifications