Frank T. Cara | Troutman Pepper When is it going to return to “normal”? We all have been asking that question. Well, for the construction industry, it may never return to “normal.” COVID-19 may have permanently changed the landscape of the construction industry in many ways. Depending on your perspective, many changes could be for… Continue reading Subtle (and Not So Subtle) Effects of COVID-19 on the Construction Industry
Month: September 2020
Virtual Depositions are as Easy as One, Two… Can You Hear Me, Now?
Michelle Ronan | Jaburg Wilk For cost containment – or other reasons – attorneys are trying fewer civil cases to juries. Years ago, trial attorneys would easily try dozens of cases per year. Now, it is not uncommon for a “trial attorney” to try one or two cases per year. For good or bad, the… Continue reading Virtual Depositions are as Easy as One, Two… Can You Hear Me, Now?
Reasonableness of Liquidated Damages Determined at Time of Contract (or, You Can’t Look Back Again)
Christopher G. Hill | Construction Law Musings I’ve discussed the continuing litigation between White Oak Power Constructors v. Mitsubishi Hitachi Power Systems Americas, Inc. previously here at Construction Law Musings because the case was another reminder that your construction contract terms matter and will be interpreted strictly here in the Commonwealth of Virginia. The prior opinion in this case from the… Continue reading Reasonableness of Liquidated Damages Determined at Time of Contract (or, You Can’t Look Back Again)
California Court Allows Subcontractor To Pursue Project Owner For Tortious Interference
Scott R. Murphy and Anthony C. Sallah | Barnes & Thornburg In a case of first impression in the district, California’s Fourth District Court of Appeal found in Caliber Paving Co., Inc. v. Rexford Industrial Realty & Management, Inc. that an owner on a construction project could be liable to a subcontractor for the tort of intentional… Continue reading California Court Allows Subcontractor To Pursue Project Owner For Tortious Interference
What is ‘Physical Loss’? Court Opens the Door for Policy Holders
Loren R. Taub | Cadwalader Wickersham & Taft In a recent decision by the United States District Court for the Western District of Missouri, Southern Division, the court denied an insurance company defendant’s motion to dismiss based on the assertion that COVID-19 does not result in “direct physical loss or direct physical damage”[1] to real property… Continue reading What is ‘Physical Loss’? Court Opens the Door for Policy Holders