David M. McLain | Colorado Construction Litigation While I have not performed exhaustive research into the origin of anti-concurrent causation (“ACC”) endorsements on insurance policies, or how or when they migrated from first-party property policies to commercial general liability (“CGL”) policies, they have done so. The result for Colorado’s construction professionals may rear its ugly… Continue reading Anti-Concurrent Causation Endorsements in CGL Insurance Policies: A Word of Caution
Month: September 2022
When a Request for Equitable Adjustment Should be Treated as a Claim Under the Contract Disputes Act
David Adelstein | Florida Construction Legal Updates In federal contracting, contractors are sometimes torn about submitting a request for equitable adjustment (known as an “REA” under 48 C.F.R. 252.243-7002) or submitting a formal claim under the Contract Disputes Act (41 U.S.C. s. 7103), the latter requiring a final decision by the contracting officer and starts the clock with respect to interest… Continue reading When a Request for Equitable Adjustment Should be Treated as a Claim Under the Contract Disputes Act
Subcontract Payment Provisions Mean Exactly What They Say in Connecticut
Bill Wilson | Construction Law Zone The recent Connecticut Appellate Court decision in Electrical Contractors, Inc. v. 50 Morgan Hospitality Group, LLC, 211 Conn. App. 724 (2022), eliminated any remaining doubt regarding a subcontractor’s right to payment for work performed when the subcontract includes a “pay-if-paid” provision. A pay-if- paid provision that makes an owner’s payment… Continue reading Subcontract Payment Provisions Mean Exactly What They Say in Connecticut
U.S. Litigation Basics – What Are Your Options?
Jihee Ahn | Harris Bricken When issues come up, most of our international clients believe filing a lawsuit is the only answer. Unfortunately, the United States litigation process is often complicated and expensive – there will be an exchange of information and documents, the taking of depositions, and probably some motion practice along the way… Continue reading U.S. Litigation Basics – What Are Your Options?
OFCCP Opens Portal for Construction Contract Awards
Cara Yates Crotty | Constangy Brooks Smith & Prophete The requirement is not new, but the process is. On Friday, the Office of Federal Contract Compliance Programs launched the Notification of Construction Contract Award Portal or NCAP, which provides an online mechanism for notifying the OFCCP of construction contract awards. The OFCCP regulations implementing Executive Order 11246… Continue reading OFCCP Opens Portal for Construction Contract Awards