Jim Sams | Claims Journal At least 14 construction defect lawsuits have been filed against developers and subcontractors that built thousands of Nevada homes. Two insurers issued commercial liability policies to cover such claims, but they didn’t agree on whether a prior-damage clause in one of the policies excluded coverage. Two U.S. District Court judges… Continue reading Nevada Supreme Court Rules Insured Must Prove Coverage Owed in Construction Defect Litigation
Month: November 2021
Effective Allocation of Damages for Federal Contract Claims
Dirk D. Haire, Joseph L. Cohen and Jane Han | ConsensusDocs Federal construction contracts law generally recognizes four basic methods for pricing damages: (1) Actual Cost Method (ACM); (2) Total Cost Method (TCM); (3) Modified Total Cost Method (MTCM); and (4) Jury Verdict Recovery Method (JVRM). In practice, it is difficult to obtain significant recoveries… Continue reading Effective Allocation of Damages for Federal Contract Claims
The Continued Question Of Disinterested Appraisers For Florida Appraisals
William Collum and Michael Rainey | Butler Weihmuller Katz Craig In most circumstances involving an insurer’s extension of coverage for a property loss, an appraisal provision in an insurance policy provides an insured and an insurer a mechanism by which to resolve disagreements regarding the amount owed for that loss. If invoked, each party appoints… Continue reading The Continued Question Of Disinterested Appraisers For Florida Appraisals
Liquidated Damages: Six Points Contractors Should Understand
Christopher B. Kinzel | Peckar & Abramson A practical guide on how to manage and leverage liquidated damages. Few concepts in the construction industry are as universal and fundamentally misunderstood as liquidated damages. It is important to understand the basic definition of a legally enforceable liquidated damages clause. Liquidated damages are a reasonable pre-estimate of… Continue reading Liquidated Damages: Six Points Contractors Should Understand
Can You Prove It? New Jersey Court Holds That Plaintiff Alleging Negligent Destruction of Evidence Failed to Sufficiently Prove Proximate Cause in Underlying Claim
Gus Sara | The Subrogation Strategist In 27-35 Jackson Ave., LLC v. Samsung Fire & Marine Inc. Co., No. A-2925-19, 2021 N.J. Super LEXIS 120, the Superior Court of New Jersey, Appellate Division (Appellate Division) considered whether the lower court properly granted the defendant’s summary judgment motion. In its motion, the defendant argued that the plaintiff could… Continue reading Can You Prove It? New Jersey Court Holds That Plaintiff Alleging Negligent Destruction of Evidence Failed to Sufficiently Prove Proximate Cause in Underlying Claim