Robert A. Gallagher, Erin S. Whaley, Alexander P. Downs and Emma E. Trivax | Troutman Pepper Public-private partnerships (P3s) have recently become a popular tool for the development of public infrastructure projects in the U.S. and across the globe. By bringing together public and private resources, P3s can be used to finance the construction of… Continue reading Are P3s the Future of Public Health Care Construction Projects?
Month: January 2024
Illinois Supreme Court Indicates Potential Path for Insurance Coverage for Construction Defects Under CGL Policies
Brandon Clark and Megan Warshawsky | Saul Ewing On November 30, 2023, the Illinois Supreme Court issued a decision in the case of Acuity v. M/I Homes of Chicago, LLC, et al., 2023 IL 129087 with significant implications for insurance coverage of construction defects under commercial general liability (CGL) policies. The Acuity decision stems from a fairly mundane… Continue reading Illinois Supreme Court Indicates Potential Path for Insurance Coverage for Construction Defects Under CGL Policies
Bad Faith Lawsuit Survives Even Though Policy Limits Paid and Damage Wasn’t Covered
Jim Sams | Claims Journal Just because an insurer paid the full policy limits on a claim, and argues that the damages weren’t even covered, doesn’t mean it can escape a bad faith lawsuit. A panel of the Florida 4th District Court of Appeal reversed a Palm Beach County judge’s decision to dismiss a lawsuit filed by… Continue reading Bad Faith Lawsuit Survives Even Though Policy Limits Paid and Damage Wasn’t Covered
Court Holds That Contractor Has Duty to Disclose Information Related to the Viability of Pass-Through Claims When Negotiating Pass-Through Settlement Agreement
John Mark Goodman | BuildSmart A Utah federal court recently held that when negotiating a pass-through settlement agreement, a contractor has a duty to disclose information to its subcontractor regarding the viability of the claims to be passed through. See Ludvik v. Vanderlande, 2023 WL 8789379 (D. Utah, Dec. 19, 2023). If it breaches that duty, the contractor… Continue reading Court Holds That Contractor Has Duty to Disclose Information Related to the Viability of Pass-Through Claims When Negotiating Pass-Through Settlement Agreement
Emerging Trends in Shortened Statutes of Limitations and Statues of Repose
Ivette Kincaid and Thomas McCarrick | Construction Litigation Introduction A growing trend in construction defect legislation around the country has seen the shortening of statutes of limitation and statutes of repose for a plaintiff to bring claims related to construction defects. Over the past ten years, several states, notably Florida and Texas, have shortened their… Continue reading Emerging Trends in Shortened Statutes of Limitations and Statues of Repose