Daniel Lawrence | Bradley Arant Boult Cummings A recent opinion from the Court of Appeals of Texas provides clarification regarding a contractor’s right to payment where the adequacy of the work performed is challenged and an owner attempts to rely on a satisfaction clause to withhold payment. It also sheds light, in the context of… Continue reading Right to Payment: Substantial Performance and Satisfaction
Month: April 2022
Endorsement to Insurance Policy Controls
David Adelstein | Florida Construction Legal Updates I’ve said this before, and I’ll say it again: an insurance policy is a complicated reading and this reading gets compounded with endorsements that modify aspects of the policy. What you think may be covered may in fact not be covered by virtue of an endorsement to the insurance policy. This is… Continue reading Endorsement to Insurance Policy Controls
Thoughts on New Pay if Paid Legislation
Christopher G. Hill | Construction Law Musings Recently, the Virginia General Assembly closed its session having passed legislation essentially banning “pay if paid” clauses in construction contracts, both public and private. Assuming that Governor Youngkin signs the bill into law on or before his deadline of April 11, 2022, the following new requirement will be grafted into… Continue reading Thoughts on New Pay if Paid Legislation
Connecticut Supreme Court Rules Matching of Materials Decided by Appraisers
Tred R. Eyerly | Insurance Law Hawaii The Connecticut Supreme Court determined that an appraisal panel could resolve whether the insurer must replace undamaged materials so that they match the damaged materials. Klass v. Liberty Mut. Ins. Co., 2022 Conn. LEXIS 2 (Conn. Jan. 11, 2022). The insured reported damage to the… Continue reading Connecticut Supreme Court Rules Matching of Materials Decided by Appraisers
Why Killing Mold is not Enough for an Insurance Claim
Michael A. Pinto and Jacob Kooistra | Property Casualty 360 The documents that comprise the current standard of care uniformly emphasize physical removal as the primary means of mold remediation. Claims adjusters and managers recognize that most home and business policies have caps on the amount paid out to deal with mold remediation. In the… Continue reading Why Killing Mold is not Enough for an Insurance Claim