Lauren Silk | PropertyCasualtyFocus On May 1, 2023, in West American Insurance Co. v. Del Ray Properties Inc., the U.S. District Court for the Western District of Washington held that general liability insurers owed no coverage obligations to a mobile home park operator in connection with delinquent payments of utility bills that jeopardized its residents’ water… Continue reading No Coverage for Delinquent Payments: Mobile Home Park Operator Cannot Recover for “Expected or Intended” Injuries
Month: May 2023
Contractor’s Overstatements of Amounts Owed Were a Simple Failure to Abide By Contract Terms, Requiring Reversal of Statutory Fraud Judgment
W. Matthew Bryant and Bethany Beaver | Saul Ewing The Illinois Appellate Court reversed a trial court’s statutory fraud judgment against a contractor in a defective construction case. The Appellate Court held that as a matter of law: (1) a contractor’s misstatement of amounts due for work did not support a statutory fraud claim even… Continue reading Contractor’s Overstatements of Amounts Owed Were a Simple Failure to Abide By Contract Terms, Requiring Reversal of Statutory Fraud Judgment
Don’t Overlook Your Subcontracts on Federal Projects
Erik M. Coon | Bradley Arant Boult Cummings The Armed Services Board of Contract Appeals’ (“ASBCA or “Board”) decision in Fluor Intercontinental, Inc., serves as an important reminder to prime contractors to be cognizant of the clauses they include in subcontracts for commercial products or services on federal projects. In 2010, the Army Corps of Engineers… Continue reading Don’t Overlook Your Subcontracts on Federal Projects
Emergency Arbitration Proceedings and How They Relate to Construction Disputes
Alexander Thrasher | Bradley Arant Boult Cummings A recent win by a team of Bradley construction attorneys highlighted the role emergency arbitration proceedings can play in a dispute subject to an arbitration agreement. The ongoing case involves the design and construction of a large international energy project, which is currently in arbitration before the International… Continue reading Emergency Arbitration Proceedings and How They Relate to Construction Disputes
Improper Application of Arbitration Clause Leads to Remand in Properplates Case
Amandeep Kahlon | Bradley Arant Boult Cummings Indiana, like other states, has a strong policy favoring arbitration agreements, and Indiana courts construe arbitration clauses broadly to make matters abitrable so long as they reasonably fit within the language of the clause. In Haddad v. Properplates, Inc., the Indiana Court of Appeals identified a rare instance where… Continue reading Improper Application of Arbitration Clause Leads to Remand in Properplates Case