It is possible for a party to contractually disclaim or otherwise foreclose liability to a fraud claim. However, let’s be honest. It can be done, but rarely is and would require very specific language to EXPLICITLY disclaim or foreclose such liability to a fraud claim. A recent case, discussed here, exemplifies this point where as-is language… Continue reading Can a Party Disclaim Liability in Their Contract to Fraud?
Month: April 2022
The Connecticut Appellate Court Decides That Construction Contractor Was Not Obligated To Continue Accelerated Schedule to Mitigate Its Damages Following Late Delivery of Materials by Supplier
Robert M. Barrack | Gordon & Rees In United Concrete Prods. v. NJR Constr., LLC, 207 Conn. App. 551, 263 A.3d 823 (2021), the Connecticut Appellate Court has issued a decision that should be of interest to the Connecticut construction industry and the construction bar. The lawsuit arose out of the late delivery of materials on… Continue reading The Connecticut Appellate Court Decides That Construction Contractor Was Not Obligated To Continue Accelerated Schedule to Mitigate Its Damages Following Late Delivery of Materials by Supplier
New Legislation Bans Contingent Payment Provisions in Virginia
Jackson S. Nichols and Nocholas F. Morello | Construction Law Now Blog The Virginia Legislature passed a bill that, if signed into law by Governor Youngkin, would amend VA ST §§ 2.2-4354 and 11-4.6 to prohibit the use of contingent payment provisions in public and private construction projects. It states that “[p]ayment by the party… Continue reading New Legislation Bans Contingent Payment Provisions in Virginia
One More Statutory Tweak of Interest to VA Construction Pros
Christopher G. Hill | Construction Law Musings While I have focussed on the recent “pay if paid” legislation in recent posts, the Virginia General Assembly has taken other action that is of interest to those of us that represent construction professionals in Virginia. One such action is yet another tweak to the so-called “wage theft” statute that essentially made… Continue reading One More Statutory Tweak of Interest to VA Construction Pros
Accepting Coverage for Part of a Claim May Subject an Insurer to the Appraisal Process Under Tennessee Law
Elliot Kerzner and Alycen A. Moss | Property Insurance Law Observer Accepting coverage for part of a claim may subject an insurer to a policy’s appraisal process when the extent of covered damage is in dispute, according to a recent ruling issued by the Eastern District of Tennessee. In Morrow v. State Farm Fire & Cas.… Continue reading Accepting Coverage for Part of a Claim May Subject an Insurer to the Appraisal Process Under Tennessee Law