Richard Bixter, Jr., James Chivilo and Gregory Meeder | Holland & Knight A bankruptcy filing by a single construction project participant can cause a chain reaction in which payments aren’t met, leading to financial distress, impacts to project payment systems and completion schedules, and/or bankruptcy for other participants. In addition, the bankruptcy trustee administering the… Continue reading Preference Claims, Clawbacks in Bankruptcy Can Disrupt a Construction Project
Month: November 2021
No Waiver of Arbitration Right and Arbitrability Determination for Arbitrator
Paul C. Besozzi | Squire Patton Boggs Many courts have noted the liberal policy in favor of arbitration over litigation. However, even where both parties concede that there is a valid arbitration agreement, the right to compel arbitration can be waived. Absent waiver, there remains the question of whether the dispute at issue falls within… Continue reading No Waiver of Arbitration Right and Arbitrability Determination for Arbitrator
Bidder Be Thoughtful: The Impacts of Disclaimers in Pre-Bid Reports
Joshua A. Morehouse | ConsensusDocs When bidding a project, subsurface or latent site conditions that are not immediately apparent can massively impact the costs of performance to general contractors. Were contractors required to bid on projects without any information on pre-existing conditions, they would need either to be assured that any additional costs would be… Continue reading Bidder Be Thoughtful: The Impacts of Disclaimers in Pre-Bid Reports
Identifying and Accessing Coverage in Complex Construction Claims
Jeffrey J. Vita and Michael V. Pepe | SDV Insights I. IntroductionFirst-party, third-party, builder’s risk, professional liability, commercial general liability, wrap-ups, and additional insured status are all potential sources of insurance coverage for a large construction loss. Therefore, it is critical for construction industry participants, from owners and developers to general contractors and their subcontractors,… Continue reading Identifying and Accessing Coverage in Complex Construction Claims