Douglas L. Patin and Sabah Petrov | BuildSmart A recent decision from the U.S. District Court for the Southern District of Florida demonstrates how facts supported by documents generated during the project can be vital to prime contractor/subcontractor disputes. In Berkley Ins. Co. v. Suffolk Constr. Co., No. 19-23059-CV, 2024 WL 3631226 (S.D. Fla. July 22,… Continue reading Court Separates Facts from Fiction – Lack of Supporting Project Documents Dooms Contractor
Month: September 2024
Untangling Unique Legal Issues in Modern Modular Construction
Chad Theriot and Brad Sands | Construction Executive As modular construction techniques evolve and progress, so too do the legal proceedings surrounding them, from uniform commercial codes to common law to filing liens. Modular construction has grown significantly over the last few years and shows no signs of slowing down. This construction method is a… Continue reading Untangling Unique Legal Issues in Modern Modular Construction
Professional Services Exclusion Bars Coverage After Carbon Monoxide Leak
Tred R. Eyerly | Insurance Law Hawaii The Illinois Appellate Court affirmed the trial court’s dismissal of the insured’s complaint after damage caused by a leak of carbon monoxide caused bodily injury. Allied Design Consultants, Inc. v. Pekin Ins. Co., et al., 2024 Ill. Ct. App. LEXIS 1433 (June 18, 2024). Carbon… Continue reading Professional Services Exclusion Bars Coverage After Carbon Monoxide Leak
Takeaways From Schedule-Based Dispute Between General Contractor and Subcontractor
David Adelstein | Florida Construction Legal Updates A recent opinion out of the Southern District of Florida, Berkley Insurance Co. v. Suffolk Construction Co., Case 1:19-cv-23059-KMW (S.D.Fla. July 22, 2024), provides valuable takeaways on schedule-based disputes between a general contractor and subcontractor on a high-rise project. In a nutshell, the general contractor’s original project schedule was abandoned due to… Continue reading Takeaways From Schedule-Based Dispute Between General Contractor and Subcontractor
Corrective Action Protest Grounds for GSA Schedule Federal Construction Contractors
Marcus Burden | The Dispute Resolver On May 16, 2024, the U.S. Court of Federal Claims (COFC) reinstated a contract award after determining that a Government Accountability Office (GAO) corrective action recommendation was without a rational basis. A contract awarded, protested, terminated, appealed, then reinstated. It’s no secret that federal construction procurements are plagued with… Continue reading Corrective Action Protest Grounds for GSA Schedule Federal Construction Contractors