Tred R. Eyerly | Insurance Law Hawaii The Court of Appeals for the D.C. Circuit reversed the district court’s finding of no coverage and found that the ensuing loss provision provided coverage for water damage. 3524 East Cap Venture, LLC, et al. v. Weschester Fire Ins. Co., et al., 104 F. 4th 193 (D.C.… Continue reading Ensuing Loss Provision Salvages Coverage for Water Damage Claim
Month: September 2024
Forum Selection Provisions are not to be Overlooked…Even on Feder Projects
David Adelstein | Florida Construction Legal Updates Forum selection provisions are NOT to be overlooked. Ever. Treat them seriously. Even on federal projects where there is a Miller Act payment bond. Consider forum selection provisions on the front end when negotiating your contract. In a recent opinion, U.S. f/u/b/o Timberline Construction Group, LLC vs. Aptim Federal Services,… Continue reading Forum Selection Provisions are not to be Overlooked…Even on Feder Projects
Document Preservation, Collection and Production Obligations
Zachary Davis | Stoel Rives Whether a construction dispute is subject to arbitration or court litigation, the parties to the dispute will most likely engage in a process to exchange their project files, project-related emails, and a myriad of other project-related documents relevant to the dispute. While this process is not unique to construction cases,… Continue reading Document Preservation, Collection and Production Obligations
Bright-Line Changes: Prompt Payment Act Trends
Stephanie L. Cooksey | ConsensusDocs Untimely payment by the owner for contract work and additional work on construction projects can place an unfair financial burden on contractors and subcontractors. Most states have attempted to eliminate or mitigate this inequity in construction contracting through Prompt Payment Acts that govern payment deadlines and provide remedies for untimely… Continue reading Bright-Line Changes: Prompt Payment Act Trends
You Cannot Always Contract Your Way Out of a Problem (The Case for Dispute Resolution in Mega and Large Complex Construction Projects)
Lisa D. Love, Esq. | The Dispute Resolver Most experienced commercial transaction and construction attorneys strive to negotiate a concisely written and well-drafted contract that addresses all scenarios and issues that creative and highly contemplative professionals can conjure. Although contracts are extremely important in construction projects, “you can’t generally contract your way out of a problem,”… Continue reading You Cannot Always Contract Your Way Out of a Problem (The Case for Dispute Resolution in Mega and Large Complex Construction Projects)