David Adelstein | Florida Construction Legal Updates Largely in the federal contract arena, there is a theory referred to as “cumulative impacts” used by a contractor to recover unforeseeable costs associated with a multitude of changes that have an overwhelming ripple effect on its efficiency, particularly efficiency dealing with its original, base contract work. In other words, by dealing… Continue reading How the Cumulative Impact Theory has been Defined
Month: December 2020
Dispute Boards: An Approach To The Efficient Resolution Of Disputes In The Construction Sector
Albee Bates and R. Zachary Torres-Fowler | Troutman Pepper Hamilton Sanders Imagine a complicated engineering and construction project that has lasted years and has already cost hundreds of millions of dollars. During the project, the contractor submitted dozens of claims for additional time and money – all of which the project’s owner has rejected. Amid… Continue reading Dispute Boards: An Approach To The Efficient Resolution Of Disputes In The Construction Sector
New York Appellate Court Addresses “Trigger of Coverage” for Asbestos Claims and Other Coverage Issues
Paul A. Briganti | Complex Insurance Coverage Reporter On October 9, 2020, the New York Supreme Court, Appellate Division, Fourth Department, decided an appeal from a trial court’s 2018 summary judgment ruling on a number of coverage issues arising out of asbestos-related bodily injury claims against plaintiffs Carrier Corporation (Carrier) and Elliott Company (Elliott). See Carrier Corp. v.… Continue reading New York Appellate Court Addresses “Trigger of Coverage” for Asbestos Claims and Other Coverage Issues
The Pandemic May Be in Its Ninth Month, But Your Construction Contract Should Still Address COVID-19 Head On
Andrew R. Schindler and Ari C. Shapiro | Gordon Rees Scully Mansukhani Every construction contract MUST address COVID-19. Period. Full Stop. The virus impacts construction projects in several ways, just as it affects our daily lives in a myriad of ways. Regulations at the local, state, and federal levels—including workplace restrictions and total shutdowns—COVID-related materials… Continue reading The Pandemic May Be in Its Ninth Month, But Your Construction Contract Should Still Address COVID-19 Head On
Floor Tile Defendant’s Motion for Summary Judgment Denied Due to Conflicting Expert Reports
Andrea M. Sciarratta | Goldberg Segalla In this action, defendant American Biltrite Inc. filed a motion for summary judgment, arguing that the plaintiff has failed to establish general or specific causation for the plaintiff’s lung cancer in relation to American Biltrite’s products. The deceased plaintiff had alleged that his fatal lung cancer was caused by… Continue reading Floor Tile Defendant’s Motion for Summary Judgment Denied Due to Conflicting Expert Reports