Gary L. Wickert and Lee R. Wickert | Claims Journal The bane of any subrogation professional’s existence is the dreaded release. It is no coincidence that when Zeus uttered the words, “Release the Kraken!” in the 1981 fantasy adventure film The Clash of the Titans, he chose the word “Release.” The meme itself connotes setting loose utter… Continue reading Settling Subrogation Claims and the Dreaded Release
Month: January 2021
Plaintiffs’ Bar Hits A Wall When It Comes to “Access” Damages
Jorge Cruz-Bustillo | Chartwell Law In Florida, for years, the plaintiffs’ bar has been filing first-party property law suits for ensuing water damages caused by the failure of cast-iron pipes. In those cases, in which there is no evidence of interior water damages, the plaintiffs’ bar has been claiming repair costs associated with “access” (i.e., tear… Continue reading Plaintiffs’ Bar Hits A Wall When It Comes to “Access” Damages
Case Law Update: Setoffs and the “Prevailing Party” Determination
Jacob Duval | Carlton Fields The Diaz Fritz Group Inc. was the general contractor for the construction of an addition to the University Community Hospital in Tampa, Florida. Diaz Fritz hired a subcontractor, Hayward Baker Inc., to perform foundation work on the project in exchange for $290,000. When Hayward Baker completed its work, Diaz Fritz… Continue reading Case Law Update: Setoffs and the “Prevailing Party” Determination
The Name of the Game in Design-Build Contracts? Document, Document, Document!
Michael McKenna and Timothy Ryan | Cohen Seglias Pallas Greenhall & Furman Design-build contracts (and their lesser utilized counterpart—engineering, procurement, and construction (EPC) contracts) are prevalent in the construction industry. Though far from a new contractual relationship, design-build contracts are increasingly chosen by owners in an attempt to reduce risks and costs. The design-build model… Continue reading The Name of the Game in Design-Build Contracts? Document, Document, Document!
Time is of the Essence, Even When the Contract Doesn’t Say So
Christopher G. Hill | Construction Law Musings Welcome to 2021! As often happens here at Construction Law Musings, the year starts with a few posts on notable construction law cases that dropped in the past year or so. Not only does this review hopefully help you keep up, but helps me keep up with the latest… Continue reading Time is of the Essence, Even When the Contract Doesn’t Say So