David Adelstein | Florida Construction Legal Updates A dispute pending in the Armed Services Board of Contract Appeals (ASBCA) dealt with interesting legal issues on a motion to dismiss. See Appeals of McCarthy Hitt-Next NGA West JV, ASBCA No. 63571, 2023 WL 9179193 (ASBCA 2023). The dispute involves a contractor passing through subcontractor claims due to impacts… Continue reading Ruling Dealing With Constructive Changes, Constructive Suspension, and the Implied Covenant of Good Faith and Fair Dealing
Month: January 2024
Insurer’s Motion for Judgment on the Pleadings for Construction Defect Claim Rejected
Tred R. Eyerly | Insurance Law Hawaii The magistrate judge recommended that the insurer’s motion for judgment on the pleadings be denied in a case involving coverage for the insured subcontractor’s alleged faulty workmanship. Evanston Ins. Co. v. Sonny Glasbrenner, Inc., 2023 U.S. Dist. LEXIS 190019 (M.D. Fla. Oct. 20, 2023). Cone… Continue reading Insurer’s Motion for Judgment on the Pleadings for Construction Defect Claim Rejected
The Importance of the Recent Amendment to Rule 702 of the Federal Rules of Evidence
Andrew G. Vicknair | The Dispute Resolver Every litigator understands that expert witnesses play a key role in litigation, especially when dealing with construction issues. Expert testimony at trial can be a deciding factor in persuading a judge or jury in your client’s favor. It is so important that, as parties get closer to trial, litigators often… Continue reading The Importance of the Recent Amendment to Rule 702 of the Federal Rules of Evidence
Insurance for Mass Timber Manufacturers: 5 Ways to Customize Your Coverage
Joshua Andrews | Woodruff Sawyer The right insurance coverage is critical for all businesses, and mass timber manufacturing is no exception. The complex and unique exposures mass timber manufacturers face creates a wide scope of insurance needs that vary by the size of the company and what is being manufactured. All mass timber manufacturing companies should… Continue reading Insurance for Mass Timber Manufacturers: 5 Ways to Customize Your Coverage
December Bad Faith Update: No Request for Defense, No Coverage Problem
Kirk Presley | Presley & Presley With very limited exceptions, liability policies provide insureds with two primary benefits: a defense paid for by the insurance carrier and indemnity for covered claims. These benefits to the insured are purchased with premium dollars and remain available if the insured complies with its policy obligations. What is less… Continue reading December Bad Faith Update: No Request for Defense, No Coverage Problem