John Mark Goodman | BuildSmart A Colorado federal court will allow a contractor to prove up more than $250 million in damages using the modified total cost method (see AECOM Technical Services v. Flatiron AECOM, LLC, Case No. 19-CV-2811, 2024 WL 22640 (D. Co. Jan. 2, 2024)). The AECOM v. Flatiron case involves a Colorado DOT project to add express lanes… Continue reading The Modified Total Cost Method to Calculating Construction Damages
Month: January 2024
Court Issues First LEG3 Defects Exclusion Decision
Joshua Tumen and Paul Ferland | Property Insurance Law Observer Introduction In a case of first impression, the United States District Court for the District of Columbia (applying Illinois law) rejected a LEG3 exclusion as ambiguous. See S. Capitol Bridgebuilders “SCB” v. Lexington Ins. Co., 2023 U.S. Dist. LEXIS 176573 (D.D.C. Sep. 29, 2023). The London Engineering… Continue reading Court Issues First LEG3 Defects Exclusion Decision
Federal Rule Amendment Clarifies Requirements for Admitting Expert Testimony
Clifton Gruhn | Carlton Fields On December 1, 2023, Federal Rule of Evidence 702 was amended to “clarify and emphasize” that, before expert witness testimony can be admitted, the proponent must satisfy all the rule’s requirements by a preponderance of the evidence. After receiving more than 500 comments regarding proposed changes, the rule was amended… Continue reading Federal Rule Amendment Clarifies Requirements for Admitting Expert Testimony
The Allegation Abbreviation: Louisiana Supreme Court Expedites Bad Faith Insurance Litigation
Chris D’Amour, Paige Franckiewicz and Jeffey Richardson | Adams and Reese In a recent unanimous decision in Wilson v. Louisiana Citizens Property Insurance Corporation, the Louisiana Supreme Court held that bad faith claims against insurance companies are subject to a two-year prescriptive period when a policy states that a breach of contract claim against the insurer… Continue reading The Allegation Abbreviation: Louisiana Supreme Court Expedites Bad Faith Insurance Litigation
IL Court: Insurer Can Subrogate Additional Insured Without Equitable Principles
Geoffrey Waguespack | Butler Weihmuller Katz Craig Illinois Appellate Court Holds that Insurer May Subrogate to the Rights of an Additional Insured Based on a Contractual Right to Subrogation and that Equitable Subrogation Principles Do Not Apply In a recently decided opinion, the Illinois Appellate Court, First District held that an insurer may subrogate to the rights… Continue reading IL Court: Insurer Can Subrogate Additional Insured Without Equitable Principles