D. Gary Christensen | Miller Nash Retainage from progress payments is commonplace for most Oregon construction contractors. Traditionally, there have been few laws governing retention; almost all of the “rules” were established in the parties’ construction contract. Beginning in 2000, however, all that changed. Now public and private contractors need to take a fresh look… Continue reading Retention on Progress Payments for Oregon Construction Projects is Now…Complicated
Month: January 2022
More Reminders that the Specific Contract Terms Matter
Christopher G. Hill | Construction Law Musings If there is a theme I have pounded upon here at Construction Law Musings in the over 13 years of posting, it is that the specific terms of your construction contracts will make a huge difference. While there have been reminders galore, a case from the Eastern District of Virginia… Continue reading More Reminders that the Specific Contract Terms Matter
ACV And RCV: Are Courts Respecting The Difference?
Mary Alice Jasperse | Drew Eckl & Farnham A continual issue that our clients have seen is for contractors and public adjusters to attempt to blur the distinction between ACV and RCV figures in an effort to recover RCV upfront and without incurring the RCV expenses. In appraisal, this circumstance can arise when a policyholder demands appraisal… Continue reading ACV And RCV: Are Courts Respecting The Difference?
Federal Circuit Weighs in on Prejudice in Bid Protests
Aron C. Beezley and Patrick R. Quigley | Buildsmart Ringing out 2021, the U.S. Court of Appeals for the Federal Circuit, in Systems Studies & Simulation, Inc. v. United States, recently held that there generally is no presumption that a protester has suffered competitive prejudice, even where the protester has successfully demonstrated that an agency’s evaluation… Continue reading Federal Circuit Weighs in on Prejudice in Bid Protests
Florida Appellate Court Holds Insurer Does Not Waive Coverage Position By Invoking Appraisal
Brennah S. Toomey | Phelps Dunbar A Florida appellate court held that the trial court erred in entering final judgment enforcing an appraisal award that included damages excluded under the insureds’ policy. State Farm Fla. Ins. Co. v. Orlinda Gonzales and Harmodio Diaz, No. 2D20-1268, 46 Fla. L. Weekly D2168a, 2021 Fla. App. LEXIS 13541 (Fla.… Continue reading Florida Appellate Court Holds Insurer Does Not Waive Coverage Position By Invoking Appraisal