Kent B. Scott | Babcock, Scott & Babcock Introduction Is a substantial increase in the cost of materials covered by a force majeure provision? In short, the answer is dependent on the terms of the specific contract. If a contract is a fixed price contract, an increase in the cost of materials likely will not… Continue reading Force Majeure: What are the Chances for Relief?
Month: March 2021
Pre-Bid Documents and Estimates Can’t Be Hidden Behind the Curtain in Disputed Delay Claims
Matthew DeVries | Best Practices Construction Law With the kids off for spring break this week, we nestled around the big screen for a family favorite. “The Great Oz has spoken! . . . Pay no attention to that man behind the curtain!” My littlest chuckled. Just like the old man who couldn’t hide behind… Continue reading Pre-Bid Documents and Estimates Can’t Be Hidden Behind the Curtain in Disputed Delay Claims
Idaho District Court Affirms Its Role as the Gatekeeper of Expert Testimony
Melissa Kenney | The Subrogation Strategist Many subrogation claims involving fire losses rely heavily on expert testimony. Expert testimony is admissible under Federal Rule of Evidence 702 if it is both relevant and reliable. In Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), whose standard has been incorporated into Federal Rule of Evidence 702,… Continue reading Idaho District Court Affirms Its Role as the Gatekeeper of Expert Testimony
That’s A Goocher: SD Court Finds Enforceable Construction Contract Despite Lack of Time Component
Matthew DeVries | Best Practices Construction Law What’s a goocher? If you saw the movie, Stand By Me, then you know exactly what I mean. And there are times when parties to a construction contract face a goocher. Here’s what I mean… In J. Clancy, Inc. v. Khan Comfort, LLC, the Supreme Court of South Dakota held… Continue reading That’s A Goocher: SD Court Finds Enforceable Construction Contract Despite Lack of Time Component
Even Where Fraud and Contract Mix, Be Careful With Timing
Christopher G. Hill | Construction Law Musings I have often discussed the limited circumstances under which a construction contract claim and a fraud claim can coexist. A recent case from the Western District of Virginia federal court demonstrates that care is necessary even in those limited circumstances. In Fluor Fed. Sols., LLC v. Bae Sys. Ordinance Sys.,… Continue reading Even Where Fraud and Contract Mix, Be Careful With Timing