Peter Strniste, Jr. | Construction Law Zone As the Coronavirus spreads across the globe, its impact continues to disrupt many industries, including construction. Over the last twenty years, the construction industry in the United States has substantially increased its reliance on China as a supplier for all types of construction materials including electrical and lighting… Continue reading Who Will Bear the Risk and Cost for Coronavirus Construction Delays? A Contractual Analysis.
Month: March 2020
It Is Tough to Avoid the Duty to Defend
Larry P. Schiffer | Squire Patton Boggs Most states view the duty to defend more broadly than the duty to indemnify. Some people call the duty to defend “litigation insurance” because it often applies even where the allegations are slim, conclusory and ultimately untrue. A recent Fifth Circuit case reemphasizes how many courts address the… Continue reading It Is Tough to Avoid the Duty to Defend
Contract’s Definition of “Substantial Completion” Does Not Apply to Third Party for Purposes of SOL, Holds Court of Appeal
Garret Murai | California Construction Law Blog Those of you in the construction industry know that the two primary statutes of limitation are the 4-year year statute of limitations for patent defects and 10-year statute of limitations for latent defects. Both statutes begin to run on “substantial completion.” In Hensel Phelps Construction Co. v. Superior Court… Continue reading Contract’s Definition of “Substantial Completion” Does Not Apply to Third Party for Purposes of SOL, Holds Court of Appeal
Risk-Shifting Tactics for Construction Contracts
Nate Budde | Construction Executive Anyone who has worked in the construction industry is familiar with the financial risks involved. With thin margins, cash flow issues and the litany of potential claims and damages that can arise, contractors need to be able to manage that risk properly. There is the right way of going about… Continue reading Risk-Shifting Tactics for Construction Contracts
Is the Enforceability of a No-Damage-for-Delay Provision Inappropriate for Summary Judgment
David Adelstein | Florida Construction Legal Updates Is the enforceability of a no-damage-for-delay provision inappropriate for resolution on a summary judgment? The recent decision in U.S. f/u/b/o Kingston Environmental Services, Inc. v. David Boland, Inc., 2019 WL 6178676 (D. Hawaii 2019), dealing with Florida law, suggests that it is inappropriate for a summary judgment resolution, particularly when there is… Continue reading Is the Enforceability of a No-Damage-for-Delay Provision Inappropriate for Summary Judgment