Maria L. Panichelli and Michael A. Richard | GovCon Examiner Attention contractors – have you heard about “negligent negotiations”? A trio of interesting – but arguably contradictory – Board of Contract Appeals decisions addressing this theory of recovery have opened up potential new avenues of relief for contractors…but left a number of unanswered questions. In… Continue reading The “Negligent Negotiations” Theory of Recovery – Is it a Go or No Go at the Boards of Contract Appeal? Part 2
Month: September 2020
Substantial Compliance – When The Contract Doesn’t Always Mean What It Says
Jack Byrom | Porter Hedges As COVID-19 continues to result in government shutdown orders, labor shortages, and increased lead times to acquire materials, project owners, contractors, and subcontractors may begin to make claims of “force majeure,” or may otherwise suspend or even terminate work. Often these notifications or directives can first happen over the phone… Continue reading Substantial Compliance – When The Contract Doesn’t Always Mean What It Says
Policy Clauses, Exclusions and Endorsements: Language Matters
Heather Howell Wright and Alexander G. Thrasher | Buildsmart The Ninth Circuit Court of Appeals just reminded policyholders that while coverage exclusions are to be read narrowly, they must also be read comprehensively. In Engineered Structures, Inc. v. Travelers Property Casualty Company of America, Engineered Structures, Inc. (ESI) obtained a builders’ risk insurance policy from Travelers… Continue reading Policy Clauses, Exclusions and Endorsements: Language Matters
How to Prepare for Potential Construction Disputes Resulting From COVID-19
Helga A. Zauner and Sonia Desai | Construction Executive Every industry has been affected by the COVID-19 pandemic, and construction is no exception. While construction work was deemed essential in some places, it has been limited only to pandemic-related projects in others. In the current climate, construction companies face a myriad new challenges, including concerns… Continue reading How to Prepare for Potential Construction Disputes Resulting From COVID-19
A Win for Policyholders: California Court of Appeals Applies Vertical Exhaustion for Continuous Injury Claims
Celia B. Waters | Saxe Doernberger & Vita Fresh off the heels of the California Supreme Court’s landmark decision in Montrose Chemical Corp. v. Super. Ct. of L.A. Cty. (“Montrose III”),1 policyholders scored another victory as another California court rejected horizontal exhaustion in the context of continuous injury cases. The Court of Appeal of the State of… Continue reading A Win for Policyholders: California Court of Appeals Applies Vertical Exhaustion for Continuous Injury Claims