Mary Frances Lindquist Rasamond | Phelps Dunbar Most architects, engineers and contractors’ professional liability policies are written on a claims-made basis, requiring a claim to be first made against the insured and reported to the insurer during the policy period. Claims-made policies typically contain a retroactive date limitation, which must be satisfied for the policy… Continue reading The Retroactive Date – When Timing is Everything
Month: October 2021
Court of Appeals Affirms Dismissal of Owner’s Claims Based on Contractual One-Year Claims Limitations Period
Cassidy Ingram | Ahlers Cressman & Sleight In a recent unpublished decision – Tadych v. Noble Ridge Construction, Inc.– the Washington State Court of Appeals, Division One, held that a one-year contractual claim limitations clause was valid and enforceable. The Tadych decision is important because it reiterates the strict approach courts will take to a claim limitations clause… Continue reading Court of Appeals Affirms Dismissal of Owner’s Claims Based on Contractual One-Year Claims Limitations Period
Connecticut Superior Court Holds That “Slaughter Clauses” Cannot be Added to Public Works Subcontracts Under Connecticut General Statutes § 4b-96
Niel Franzese | Construction Law Zone While you may not have heard the term “slaughter clauses” to describe the provisions of a construction contract before, the metaphor makes sense when one considers the provisions to which the Connecticut Superior Court recently applied the phrase. In the recent case of Electrical Contractors, Inc. v. Lawrence Brunoili, Inc.,… Continue reading Connecticut Superior Court Holds That “Slaughter Clauses” Cannot be Added to Public Works Subcontracts Under Connecticut General Statutes § 4b-96
Important Florida Lien Law Update
Brian A. Wolf | Smith Currie & Hancock Under Florida law, a claim of lien must be recorded in the real property records within 90 days of the claimant’s last date of work. Many contractors and subcontractors wait as long as possible before recording a claim of lien to exhaust efforts to obtain payment without… Continue reading Important Florida Lien Law Update
Standard for Evaluating Delay – Directly from an Armed Services Board of Contract Appeal’s Opinion
David Adelstein | Florida Construction Legal Updates Sometimes, it is much better to hear it from the horse’s mouth. That is the case here. The Armed Services Board of Contract Appeal’s (ASBCA) opinion in Appeals of -GSC Construction, Inc., ASBCA No. 59402, 2020 WL 8148687 (ASBCA November 4, 2020) includes an informative discussion of a contractor’s… Continue reading Standard for Evaluating Delay – Directly from an Armed Services Board of Contract Appeal’s Opinion