Appraisal May Be a Viable Option for Policyholders When Damages Calculations Are Contested

Janine Stanisz | Policyholder Pulse Blog Even if an insurance company attempts to deny its coverage obligations, there are still processes that a policyholder can explore, short of litigation, that could resolve a coverage dispute.  Appraisal is an alternative dispute resolution process designed to efficiently resolve measurement disputes between policyholders and their insurers. Appraisal can streamline a… Continue reading Appraisal May Be a Viable Option for Policyholders When Damages Calculations Are Contested

Remembering The Notice of Non-Responsibility

Hopkins Carley For so long, a hot economy and commercial leasing market meant that concerns over unpaid tenant improvement construction and related mechanic’s liens were closeted like winter clothes in the heat of the summer. In the current “pandemiconomy,” many commercial businesses are planning their return to the office. Some tenants need to complete build-outs, while… Continue reading Remembering The Notice of Non-Responsibility

Contracts and Fraud Don’t Mix (Even for Lawyers!)

Christopher G. Hill | Construction Law Musings In prior posts here at Construction Law Musings, I have discussed how fraud and contracts are often like oil and water.  While there are exceptions, these exceptions are few and far between here in Virginia.  The reason for the lack of a mix between these two types of claims is the so-called… Continue reading Contracts and Fraud Don’t Mix (Even for Lawyers!)

Michigan Supreme Court Clarifies Decades-Old Dispute and Holds that Subcontractor’s Unintentional Defective Work Constitutes an “Accident” and “Occurrence” Granting Construction Manager CGL Coverage

Jay Berger | Clark Hill In Skanska USA Building Inc v MAP Mechanical Contractors, Inc, (Michigan Supreme Court, Docket Nos. 159510-159511, June 29, 2020) the Michigan Supreme Court held, in a unanimous decision, that a subcontractor’s unintentional defective work is an “accident” and, therefore, an “occurrence” covered under a Commercial General Liability (CGL) policy, allowing insurance… Continue reading Michigan Supreme Court Clarifies Decades-Old Dispute and Holds that Subcontractor’s Unintentional Defective Work Constitutes an “Accident” and “Occurrence” Granting Construction Manager CGL Coverage

Change Orders During the COVID-19 Pandemic — Managing Unexpected Construction Costs and Time Overruns

Elizabeth Charnowski and Carl Pebworth | Faegre Drinker Biddle & Reath The COVID-19 pandemic has caused cost overruns and project delays that construction owners and contractors could have never imagined before 2020. These unanticipated circumstances can create contract application and interpretation challenges for the unwary construction partner. For example, even if a prime contract expressly… Continue reading Change Orders During the COVID-19 Pandemic — Managing Unexpected Construction Costs and Time Overruns

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