Corinna Whittle | Bryan Cave Leighton Paisner SUMMARY A pair of cases in the past two years have come to opposite conclusions about whether general damages can be capped by contract provisions for liquidated damages. Liquidated damages clauses are a common feature of construction contracts, and often include a cap on the overall amount that… Continue reading Can Liquidated Damages Clauses set General Cap?
Month: August 2023
Construction Termination Part 3: When the Contractor is Firing the Owner
Melissa Dewey Brumback | Construction Law in North Carolina Last week we discussed an Owner terminating a Contractor “for cause”. Today, it’s time for a 180: what is your role as the architect when the Contractor is quitting? First, be aware that there are valid reasons for a contractor to quit within the contract itself. Most of… Continue reading Construction Termination Part 3: When the Contractor is Firing the Owner
Toolbox Talk Series Recap – Arbitration Motion Practice
MIchael Zehner | The Dispute Resolver In the June 22, 2023 edition of the Toolbox Talk Series, Adrian Bastianelli, Peckar & Abramson, P.C., and Brian Cashmere, Williams Mullen, moderated by Jennifer Millender of the American Arbitration Association (“AAA”), discussed motion practice in arbitration. Specifically, they offered advice on how to choose the right issue for a motion, how to get… Continue reading Toolbox Talk Series Recap – Arbitration Motion Practice
How A $1 Million CGL Insurance Policy Unleashed A $91.5 Million Win
william C. Wagner | Taft Stettinius & Hollister Corporate executives wondering just how valuable a duty to defend is under a standard commercial general liability (CGL) insurance policy should pay attention to an eye-opening case — involving $91.5 million in defense costs. Picture this scenario: companies of all sizes invest in CGL insurance to shield… Continue reading How A $1 Million CGL Insurance Policy Unleashed A $91.5 Million Win
Negligent Inspection Claim Against Supervising Design Professional/Consultant
David Adelstein | Florida Construction Legal Updates Can a negligence argument be created against consulting design professionals or entities that are involved in the inspection of a trade’s work? The recent opinion in Bautech USA, Inc. v. Resolve Equipment, Inc., 2023 WL 4186395 (S.D.Fla. 2023) contains an interesting fact pattern that touches upon this issue. While the case dealt with… Continue reading Negligent Inspection Claim Against Supervising Design Professional/Consultant