Kandace Zimmerman | HKA No matter how prepared you are, construction projects are bound to take twists and turns that are not part of the original plan. These may be minor hurdles – like conflicting drawings – that can be addressed on the spot or major curveballs – like significant design gaps or differing site… Continue reading Avoiding Construction Delay Claims with Key Project Controls
Month: April 2024
Stay of Coverage Case Appropriate While Court Determines Arbitrability of Dispute
Tred R. Eyerly | Insurance Law Hawaii The Fifth Circuit vacated a discovery order issued by the district court and remanded the case for issuance of a stay while the arbitrability of the coverage dispute was reviewed. Cameron Parish Recreation #6 v. Indian Harbor Ins. Co., et al., 2024 U.S. App. LEXIS 3804 (5th Cir.… Continue reading Stay of Coverage Case Appropriate While Court Determines Arbitrability of Dispute
Construction Defects Coverage Update
Shantinique Brooks | Plunkett & Cooney Construction Defects – Eleventh Circuit (Florida Law) Southern-Owners Ins. Co. v. MAC Contractors of Florida, LLCNo. 23-11366, 2024 WL 1573685 (11th Cir. Apr. 11, 2024) The U.S. Court of Appeals for the Eleventh Circuit determined that an insurer had a duty to defend its insured on the basis that,… Continue reading Construction Defects Coverage Update
Getting Paid as a Subcontractor is Always the Name of the Game
Terrence Graves | Sands Anderson General contractors and subcontractors often rely on precise contract language to guarantee payment for their work. In some cases, they may also resort to using a mechanics lien. However, a lesser-known statute in the Virginia Code, §43-11, can also be instrumental in helping ensure you are properly compensated at the… Continue reading Getting Paid as a Subcontractor is Always the Name of the Game
Florida Supreme Court: Trial Courts May Compel Appraisal Before Resolving Concurrent Coverage Disputes
Noah Prosser | Marshall Dennehey On February 1, 2024, the Supreme Court of Florida issued its opinion in American Coastal Ins. Co. v. San Marco Villas Condominium Ass’n, Inc., 2024 WL 369079 (Fla. 2024), to address a persisting conflict on the timing of appraisal. The specific conflict centered around whether a trial court could compel appraisal… Continue reading Florida Supreme Court: Trial Courts May Compel Appraisal Before Resolving Concurrent Coverage Disputes