Daniel Lund III | Phelps Dunbar Based on new information … your arbitration award is thrown out! So said the United States Eleventh Circuit Court of Appeals, affirming a district court’s vacatur of the award based upon the award having been procured by fraud. The lower court ruled as it did notwithstanding the fact that… Continue reading Construction Litigation Roundup: “Based on New Information …”
Month: August 2023
The Role of the Technical Expert in Assessing Standard of Care in Construction Disputes
Peter Caillard | HKA Subject Matter specialists appointed as expert witnesses in dispute hearings are frequently called upon to provide opinion on whether the performance of one of the parties failed to meet the required “standard of care” as defined under the contractual agreements. This may be a critical step towards identifying fault and determining… Continue reading The Role of the Technical Expert in Assessing Standard of Care in Construction Disputes
Different Types Of Indemnity And Their Relative Enforceability In Construction Litigation
Elizabeth Leonard | Cranfill Sumner Indemnification is a term often thrown about in construction litigation, and you will see it in most standard form construction contracts. But what actually is it, and how useful is it to have when it comes to litigation in the construction context? Indemnification is a means to shift the risk… Continue reading Different Types Of Indemnity And Their Relative Enforceability In Construction Litigation
Promissory Estoppel Claim Allowed to Proceed Against Insurer Based on Reversal in Coverage Position
Margaret Karchmer | Wiley Rein The United States District Court for the Southern District of Florida, applying Florida law, denied an excess insurer’s motion to dismiss an estoppel claim where the insurer reversed its coverage position on which the insured alleged it had detrimentally relied. Scott v. Certain Underwriters at Lloyd’s London Subscribing to Policy No.… Continue reading Promissory Estoppel Claim Allowed to Proceed Against Insurer Based on Reversal in Coverage Position
Preconstruction Services, Project Savings, and Great Expectations
Colm Nelson | Stoel Rives A developer client recently expressed mixed emotions when reflecting on a new project that had been delivered on time and under budget. The investors were happy, and the client had just written a check to the prime contractor for its half of the “savings,” with the other half withheld by… Continue reading Preconstruction Services, Project Savings, and Great Expectations