Amy Rubenstein and Ileana M. Blanco | DLA Piper While in-person mediations may be preferred, some parties have been required to proceed with remote mediations to mitigate further delays during the coronavirus disease 2019 (COVID-19) pandemic. To help adapt to this procedure, we provide these 10 recommended tips for consideration when taking or defending remote mediations:… Continue reading 10 Recommended Tips for Remote Mediations
Month: June 2020
Certifying Claim Under Contract Disputes Act
David Adelstein | Florida Construction Legal Updates Under the Contract Disputes Act (41 USC 7101 en seq.), when a contractor submits a claim to the government in excess of $100,000, the claim MUST contain a certification of good faith, as follows: For claims of more than $100,000 made by a contractor, the contractor shall certify that– (A) the claim is… Continue reading Certifying Claim Under Contract Disputes Act
Contractual Impartiality Requires an Appraiser to be Unbiased, Disinterested, and Unswayed by Personal Interest
Frank Ingham | Colorado Construction Litigation On June 24, 2019, the Colorado Supreme Court held that when a contract or insurance policy requires an “impartial” appraisal, the appraiser for a party cannot be an advocate for that party.[1] In this situation, the appraiser must be unbiased, disinterested, without prejudice, and unswayed by personal interest. Id. Owners… Continue reading Contractual Impartiality Requires an Appraiser to be Unbiased, Disinterested, and Unswayed by Personal Interest
What a Difference a Word Makes: “Any Insured” Cross Liability Exclusion Bars Coverage for Lawsuit Against Additional Insured
Scott Seaman and Judith Selby | Hinshaw & Culbertson Based on the policy’s use of the term “any insured” instead of “the insured” in a cross liability exclusion, a Massachusetts appeals court recently ruled that an additional insured contractor was not entitled to coverage under its subcontractor’s commercial general liability policy for a negligence claim… Continue reading What a Difference a Word Makes: “Any Insured” Cross Liability Exclusion Bars Coverage for Lawsuit Against Additional Insured
Don’t Forget to Certify Within Six Years: Recent Opinion Addresses Timeliness of Government Contractor’s Appeal
Douglas L. Patin, Aron C. Beezley & Amandeep S. Kahlon | Buildsmart On May 19, 2020, the Federal Circuit upheld summary judgment against a government contractor for failure to file a claim timely within the six-year time limit prescribed by the Contract Disputes Act (CDA). In Electric Boat Corp. v. Secretary of the Navy, the Federal… Continue reading Don’t Forget to Certify Within Six Years: Recent Opinion Addresses Timeliness of Government Contractor’s Appeal