David Adelstein | Florida Construction Legal Updates Sometimes, hedging a position on a potential occurrence is not prudent. Stated differently, hedging a position on a contingent event is not the right course of action. The reason being is that a potential occurrence or contingent event is SPECULATIVE. The occurrence or event may not take place… Continue reading Think Twice Before Hedging a Position or Defense on a Speculative Event or Occurrence
Month: July 2020
Eighth Circuit Reverses District Court Decision Allowing Surety to Rescind Bonds for Alleged Illegal Subcontract as Premature
Lori Lange | Peckar & Abramson In a recent decision, the United States Court of Appeals for the Eighth Circuit reversed a district court’s decision holding that a surety was not required to fulfill any of its obligations under payment and performance bonds because the subcontract between the prime contractor and the subcontractor violated the… Continue reading Eighth Circuit Reverses District Court Decision Allowing Surety to Rescind Bonds for Alleged Illegal Subcontract as Premature
What You Need To Know About Construction Weather Delay Claims
Jeffrey S. Wertman | Berger Singerman Inclement weather particularly tropical storms and hurricanes can have a devastating economic impact on a construction project. There may be labor cost overruns, material cost overruns, equipment rental overruns and disruption of cash flow due to time extensions and interest payments, just to name a few. Planning for and… Continue reading What You Need To Know About Construction Weather Delay Claims
Sometimes You Get Away with Default (but don’t count on it)
Christopher G. Hill | Construction Law Musings As an almost universal rule here in Virginia, failing to show up for court or respond to a lawsuit is a bad idea. Consequences include default judgment against you without the right to defend or make your case. Courts simply enter judgment and the consequences of that judgment will… Continue reading Sometimes You Get Away with Default (but don’t count on it)
Michigan Supreme Court Holds a Contractor’s Defective Work Is an ‘Occurrence’
Scott R. Murphy and Anthony C. Sallah | Barnes & Thornburg In Skanska USA Building v M.A.P Mechanical Contractors, Inc., Docket No. 159510, ____ Mich ____, 2020 WL 3527909, the Michigan Supreme Court found that a subcontractor’s inadvertent faulty work may constitute an “accident” under Michigan law, and therefore constitute an accidental “occurrence” under current standard form… Continue reading Michigan Supreme Court Holds a Contractor’s Defective Work Is an ‘Occurrence’