Patrick McKnight | The Dispute Resolver Four and half years ago the COVID-19 pandemic spread around the globe, bringing with it interesting, but challenging, legal problems for construction attorneys. Construction projects ground to a halt. Ever-changing guidance from authorities ranging from the U.S. Department of Labor to local health authorities resulted in a web of evolving obligations… Continue reading COVID-19 Business Interruption Claims Four Years Later: What Have We Learned?
Month: October 2024
Court Says Loose Bolt Remedied by Tightening Does not Constitute “Direct Physical Loss of or Damage” to Property
Joshua Tumen | Property Insurance Law Observer In AMAG Pharmaceuticals, Inc. v. American Guarantee and Liability Insurance Company, the United States District Court for the District of Massachusetts held that a loose bolt or fitting that could be remedied simply by tightening it did not constitute “direct physical loss of or damage” to equipment covered under… Continue reading Court Says Loose Bolt Remedied by Tightening Does not Constitute “Direct Physical Loss of or Damage” to Property
Appellate Court Rejects UCC Adequate Assurance Claim in Contract Dispute
Jose A. Aquino | Duane Morris A recent New York appellate court opinion, Dreamco Development Corp. v. Cranesville Block Company, Inc., provides valuable insight into the application of the Uniform Commercial Code (UCC) and the concept of “adequate assurance of performance.” The case centered on a one-page “independent contractor and consultant” agreement. Under the contract, the… Continue reading Appellate Court Rejects UCC Adequate Assurance Claim in Contract Dispute
New Scope of Ohio Home Construction Suppliers Services Act Takes Effect
Jacob H. Levine | Cannabiz Law Blog Effective Sept. 19, the bill Gov. Mike DeWine recently signed into law, (HB 50) ushers in significant changes to the Ohio Home Construction Suppliers Services Act (HCSSA). This new legislation expands the definition of “home construction service” to include not only the construction of new residential buildings but… Continue reading New Scope of Ohio Home Construction Suppliers Services Act Takes Effect
The Main Event: Florida Supreme Court to Resolve District Court Split Over Retroactive Application of State’s NOI Statute
Vincent Fernandez and Shaheen Nouri | Butler Weihmuller Katz Craig Tag-teaming with Florida’s Sixth District Court of Appeal, the Second District is also at odds with the Third and Fourth Districts on the issue of retroactive application of Florida’s litigation-intent statute. In Buis v. Universal Property & Casualty Insurance Company, No. 2D2023-0655, 2024 WL 4096130 (Fla.… Continue reading The Main Event: Florida Supreme Court to Resolve District Court Split Over Retroactive Application of State’s NOI Statute