Christopher J. Brasco and Matthew D. Baker | ConsensusDocs Critical path delay plays a central role in allocating responsibility for project delay. The interrelated concept of concurrency is also frequently determinative of entitlement on a range of claims including by owners for liquidated damages and by contractors for delay damages. What constitutes critical/concurrent delay, however,… Continue reading Shifting The Risk Of Delay By Having Float Go Your Way
Month: July 2021
Anticipatory Repudiation of a Contract – the Prospective Breach
David Adelstein | Florida Construction Legal Updates There are instances where a party can engage in the anticipatory repudiation of their obligations under a contract. In essence, this is basically a party prospectively breaching the contract by repudiating their obligations in the contract. A prospective breach of contract occurs where there is absolute repudiation by one of the parties prior to the time when… Continue reading Anticipatory Repudiation of a Contract – the Prospective Breach
California Court Rules Jury Must Resolve Dispute Between Homeowner And Subcontractor Insurer Over When Claim Occurred
Blake Robinson | Davis Wright Tremaine The California Court of Appeal recently reversed a trial court’s dismissal of a lawsuit, concluding that because there was a dispute over when a homeowner’s claim “occurred” for purposes of an insurance policy, that dispute must be resolved by a jury. Case Background Guastello v. AIG Specialty Insurance Co.1 involved… Continue reading California Court Rules Jury Must Resolve Dispute Between Homeowner And Subcontractor Insurer Over When Claim Occurred
New Jersey Federal Court Holds That Insurance Coverage Issues Do Not Need To Be Decided Before Appraisal
Paul Fertland and Vincent Passarelli | Property Insurance Law Observer A federal court recently held that ongoing insurance coverage issues should not prevent an appraisal from going forward as per an appraisal clause in the insurance policy. In DC Plastic Products Corp. v. Westchester Surplus Lines Insurance Co. Case No. 17-13092 (D.N.J. May 19, 2021), the District… Continue reading New Jersey Federal Court Holds That Insurance Coverage Issues Do Not Need To Be Decided Before Appraisal
The Pitfalls of Oral Agreements in the Construction Industry
Matthew A. Margolis | Construction Executive Too often, construction professionals engage with each other to handle a project or series of projects and instead of memorializing their terms in writing, the agreement between the parties consists of nothing more than a conversation and a handshake. Both parties put their trust in each other that the… Continue reading The Pitfalls of Oral Agreements in the Construction Industry