Amy Dunn Taylor | Framing Issues This article launches a five-part series on Effective Mediation Techniques for Complex Cases. However, many of these same tactics can be deployed mediating most any type of case. I define complex cases in a number of ways including the complexity of the legal questions at issue, the stakes involved,… Continue reading Effective Mediation Techniques for Complex Cases – Part One
Month: April 2021
Defining Constructive Acceleration
David Adelstein | Florida Construction Legal Updates When it comes to the definition of “constructive acceleration,” the case of Fraser Const. Co. v. U.S., 384 F.3d 1354 (Fed.Cir. 2004) is a cited case and contains an instructive definition, quoted below, for proving a constructive acceleration claim. In a nutshell, a constructive acceleration claim is when the contractor incurs… Continue reading Defining Constructive Acceleration
Assessing Defective Design Liability on Federal Design-Build Projects
Dirk Haire, Adam Hamilton and Dana Molinari | Fox Rothschild A common misconception by many government officials is that a design-builder is always responsible for every design error or omission on a design-build project. This article examines the actual liability standard applied by the courts and boards of contract appeals when a design defect arises… Continue reading Assessing Defective Design Liability on Federal Design-Build Projects