Bob Breeze | HKA It is not uncommon in large construction projects for disputes to arise which involve several thousand alleged variations (or change orders) and/or alleged defects which need to be considered by the arbitral Tribunal or Court in the formal dispute resolution process chosen by the parties. In addition to the often-extensive factual… Continue reading Proof by Sampling in Construction Disputes
Month: July 2023
Florida Enacts Property Insurance Overhaul for Benefit of Policyholders
Laura Farrant and Bradley S. Fischer | Lewis Brisbois On June 1, 2023, Governor Ron DeSantis signed into law CS/SB 7052 (the Act), increasing consumer protection and insurer accountability in Florida. The newly enacted and amended statutes under CS/SB 7052 bolster policyholder protections and impose greater insurer oversight, including heightened penalties for insurer misdeeds in… Continue reading Florida Enacts Property Insurance Overhaul for Benefit of Policyholders
Construction Litigation Roundup: “A Reel Insurance Brainteaser”
Daniel Lund III | Phelps Dunbar During construction of a movie theater in New York, an employee of a subcontractor was seriously injured by a co-employee operating a forklift. The injured employee sued the general contractor and the project and property owners for his injuries. The general contract had the typical insurance clauses in it,… Continue reading Construction Litigation Roundup: “A Reel Insurance Brainteaser”
Construction Litigation Roundup: “That’s Not How I Read It”
Daniel Lund III | Phelps Dunbar That’s not how I read it. A general contractor seeking to litigate with its subcontractor concerning a construction project in Indiana found itself fighting in court against assertions by the sub that arbitration of the dispute was required. The GC was already in litigation in federal court with the… Continue reading Construction Litigation Roundup: “That’s Not How I Read It”
Surety’s Several Liability Under Bonds
David Adelstein | Florida Construction Legal Updates When a payment or performance bond is issued on behalf of its bond-principal, the surety is jointly and severally liable with its bond-principal. This means the surety has several liability under the bond, i.e., you don’t need to pursue the principal of the bond to pursue liability under the bond, which is a separate written… Continue reading Surety’s Several Liability Under Bonds