Matthew DeVries | Best Practices Construction Law It happens all the time! The owner-contractor agreement contains a “no damages for delay” clause; a clause requiring that all changes be in writing before work is performed; and a clause requiring partial lien waivers and releases with each periodic payment. And yet we see a claim for… Continue reading Court Recognizes Day-to-Day Changes Are Compensable Despite Contractual Waivers
Month: September 2020
No Longer in the Dark: A Primer on the Distinction between Delay and Disruption Damages in a Construction Dispute
Matthew DeVries | Best Practices Construction Law If you are left in the dark about something, you don’t have the information you should have to make an informed decision. Delay claims on a construction can be confusing, especially when you think about the delay to the work being performed and the disruption to other activities.… Continue reading No Longer in the Dark: A Primer on the Distinction between Delay and Disruption Damages in a Construction Dispute
Contract Clauses Limiting Damages
Stanley A. Martin | Commonsense Construction Law The NH Supreme Court has enforced contract clauses waiving consequential damages and limiting liability. It has also noted that tort claims asserted when the underlying transaction was based on a contract will be barred by the economic loss doctrine. The plaintiff was an engineering service firm that works… Continue reading Contract Clauses Limiting Damages
Who Decides Who Decides? The Third Circuit Addresses the “Queen of All Threshold Issues” in Arbitration Law
Thomas F. Howley and Robert T. Szyba | Seyfarth Shaw Who decides the case: a court or an arbitrator? It’s a simple question at the core of any arbitration dispute. Then there’s the question of who decides who decides the case? Typically, the parties decide—they can decide to let an arbitrator decide the case (rather… Continue reading Who Decides Who Decides? The Third Circuit Addresses the “Queen of All Threshold Issues” in Arbitration Law
Michigan Supreme Court Finds Faulty Subcontractor Work That Damages Insured’s Work Product May Constitute an “Occurrence” Under CGL Policy
Jason Taylor | Traub Lieberman Straus & Shrewsberry In Skanska USA Bldg. Inc. v. M.A.P. Mech. Contractors, Inc., 2020 WL 3527909 (Mich. June 29, 2020), the Michigan Supreme Court addressed whether unintentionally faulty subcontractor work that damages an insured’s work product constitutes an “accident” under a commercial general liability insurance policy. In aligning itself with a growing… Continue reading Michigan Supreme Court Finds Faulty Subcontractor Work That Damages Insured’s Work Product May Constitute an “Occurrence” Under CGL Policy