Justin T. Scott, Charles L. Sharman & Zachary J. Wyatte | BuildSmart The Texas Supreme Court recently provided new guidance in interpreting force majeure language in an oil and gas drilling dispute. In Point Energy Partners Permian, LLC v. MRC Permian Company, the court held that the oil and gas lessee’s scheduling error linked to a… Continue reading Contextual “Construction” of Force Majeure Clauses
Month: May 2023
An Occurrence Under Builder’s Risk Insurance Policy is Based on the Language in the Policy
David Adelstein | Florida Construction Legal Updates Builder’s risk insurance coverage is a vital property insurance coverage during the course of construction. Builder’s risk insurance is not a one-size-fits-all product so please make sure you are working with your insurance broker to procure this product that factors in and covers risk associated with the project. Builder’s risk insurance is… Continue reading An Occurrence Under Builder’s Risk Insurance Policy is Based on the Language in the Policy
Building and Construction Industry Exemption to Withdrawal Liability May Apply Narrowly
Michael McNally | Fox Rothschild A recent decision from the Southern District of New York reveals that courts may be inclined in some withdrawal liability cases to narrowly apply the building and construction industry exemption based on the nature and location of the work performed. It is commonly understood by union contractors that contribute to… Continue reading Building and Construction Industry Exemption to Withdrawal Liability May Apply Narrowly
11th Cir. Affirms That Georgia’s Implied Waiver Doctrine Cannot Be Used to Create Coverage
Roben West | PropertyCasualtyFocus In Century Communities of Georgia LLC v. Selective Way Insurance Co., the Eleventh Circuit Court of Appeals affirmed that the Georgia Supreme Court’s 2012 opinion in Hoover v. Maxum Indemnity Co. does not apply to “coverage defenses” — that is, whether a loss is potentially covered under a policy in the first place. Rather,… Continue reading 11th Cir. Affirms That Georgia’s Implied Waiver Doctrine Cannot Be Used to Create Coverage
Construction Litigation Roundup: “Can’t Cut the Cord”
Daniel Lund III | Phelps Dunbar Can’t cut the cord. A subcontractor on a Louisiana VA hospital project filed a claim in federal court in Shreveport against the general contractor and its Miller Act surety. The general contractor sought to have the matter moved to the Middle District of Florida pursuant to a venue clause… Continue reading Construction Litigation Roundup: “Can’t Cut the Cord”