David Adelstein | Florida Construction Legal Updates The recent Eleventh Circuit Court of Appeals’ decision, American Builders Insurance Company v. Southern-Owners Insurance Company, 56 F.4th 938 (11th Cir. 2023), is an insurer versus insurer case that touches on two important insurance topics: (1) common law bad faith against an insurance company, and (2) an insurer’s affirmative defense that an… Continue reading Two Worthy Insurance Topics: (1) Bad Faith, and (2) Settling Without Insurer’s Consent
Month: March 2023
Lien Release Bonds – Remove Liens, But Not All Liability
Mia Hughes | ConsesusDocs Among owners and contractors, payment and performance bonds are commonly used together in an effort to mitigate future risk against derivative subcontractor claims. But what happens when despite the effort to mitigate risk, a derivative claimant nevertheless files a mechanics’ lien on the owner’s real property? Not all hope is lost.… Continue reading Lien Release Bonds – Remove Liens, But Not All Liability
Duty to Defend Triggered by Damage to Other Non-Defective Property
Tred R. Eyerly | Insurance Law Hawaii The court found the insurer must defend because there was a possibility of damage to property due to work not performed by the insured. B&W Paving & Landscape, LLC v. Employers Mut. Cas. Co., 2022 U.S. Dist. LEXIS 225783 (D. Conn. Dec. 15, 2022). In… Continue reading Duty to Defend Triggered by Damage to Other Non-Defective Property
Insights From the General Counsel’s Office – Seven Steps to Success in Complex Construction Arbitration
Laura Abrahamson | JAMS In business and especially the engineering and construction industry, time is money. My conversations this year with general counsel from engineering and construction companies of all sizes consistently reinforced the ongoing need to improve the construction arbitration experience for these users. GCs are looking for arbitrators and advocates who understand business… Continue reading Insights From the General Counsel’s Office – Seven Steps to Success in Complex Construction Arbitration
In the Contract or Out of the Contract? Payment Claims for Extra Work in Oregon
D. Gary Christensen | Miller Nash When a contractor performs “extra” work—more than its construction contract contemplates—how can it be paid? A common question, indeed. And one that usually is easily answered with a change order or extra work directive. But what if the change order is rejected—after the work has been performed, of course—under… Continue reading In the Contract or Out of the Contract? Payment Claims for Extra Work in Oregon