Martha B. Chovanes and Laurie A. Stanziale | ConsensusDocs While contractor bankruptcies have long been an issue in the construction industry, in the aftermath of COVID-19 and the resultant labor, material and supply-chain delays, contractor bankruptcies are of even greater concern. Many construction contracts attempt to protect the upstream party from a bankruptcy filing of… Continue reading What You Need to Know About “Ipso Facto” Clauses and Their Impact on Termination of a Contractor or Subcontractor in a Bankruptcy
Month: September 2022
Insurer’s Motion for Summary Judgment on Business Interruption Claim Denied
Tred R. Eyerly | Insurance Law Hawaii The insurer’s motion to cap a potential business interruption claim after the insured failed to provide documentation was denied. Lake Charles Instruments Inc. v. Scottsdale Ins. Co., 2022 U.S. Dist. LEXIS 116802 (W.D. La. July 2, 2022). Plaintiff operated a business that was damaged during… Continue reading Insurer’s Motion for Summary Judgment on Business Interruption Claim Denied
Construction Picks Up Post-COVID and So Do Claims (and A Construction Lawyer Can Help)
Christopher G. Hill | Construction Law Musings I’m a construction attorney and proud to be one. Over the past couple of years, my expertise (and that of my fellow members of the Virginia construction bar) has been challenged by everything from COVID-related shutdowns to supply chain issues to unanticipated price increases. With each of these obstacles placed in front of my… Continue reading Construction Picks Up Post-COVID and So Do Claims (and A Construction Lawyer Can Help)
Presenting a “Total Time” Delay Claim is Not Sufficient
David Adelstein | Florida Cosntruction Legal Updates When presenting a delay-type of claim on a construction project, a claimant MUST be in a position to properly PROVE the claim. Trying to present a delay claim loosey-goosey is not a recipe for success. In fact, it can be a recipe for an easy loss. This is not what… Continue reading Presenting a “Total Time” Delay Claim is Not Sufficient
Colorado Defective Construction is Not Considered “Property Damage”
SDV Insights In the July 5, 2022, case of Indian Harbor Ins. Co. v. Houston Casualty Co., the United States District Court for Colorado addressed the issue of whether damage to defectively installed balconies is considered “property damage” under Colorado law, requiring payment by a commercial general liability policy. Facts of the Case The case stems… Continue reading Colorado Defective Construction is Not Considered “Property Damage”