Patrick Kelly and Kendall Hudgins | Gray Reed When project delays occur due to natural disasters, the financial implications can be severe. Construction stakeholders often focus on immediate physical damages while overlooking the potentially devastating impact of liquidated and consequential damages provisions. Understanding these crucial contract elements before disaster strikes can mean the difference between… Continue reading Weathering the Storm—Part 2: Understanding Liquidated and Consequential Damages in Construction Contracts
Month: December 2024
Mechanic’s Liens: Examining and Enforcing Through Foreclosure Actions vs. Special Proceedings
Jose A. Aquino | Duane Morris In the matter of Arcadia Landing, LLC v. CVM Construction Corp., the Supreme Court, Appellate Division, Second Department, New York, recently rendered a decision concerning a mechanic’s lien filed by CVM Construction Corp. The petitioner, Arcadia Landing, LLC, demanded an itemized statement of the lien pursuant to Lien Law §… Continue reading Mechanic’s Liens: Examining and Enforcing Through Foreclosure Actions vs. Special Proceedings
Finger Pointing Betwen Liability Insurers and “Other Insurance” Provision
David Adelstein | Florida Construction Legal Updates It’s not uncommon when liability insurers point the finger at each other relating to which insurer should be deemed primary, which insurer should be excess, or whether a pro rata contribution between insurers applies. Typically, this needs to be decided by the “other insurance” provision in the insurance policy that… Continue reading Finger Pointing Betwen Liability Insurers and “Other Insurance” Provision
The ABCs of AIA Contracts: Legal Considerations
Shara Pipitone | DarrowEverett Whether you love them, hate them or this is your first-time hearing of them, the AIA form document set, created by the American Institute of Architects (AIA), are the most widely used forms in the construction industry today. AIA construction documents were intended to ease contract negotiations and the compliance process.… Continue reading The ABCs of AIA Contracts: Legal Considerations
Insured Fails to Provide Adequate Proof of Water Damage Through Roof
Tred R. Eyerly | Insurance Law Hawaii The federal district court granted the insurer’s motion for summary judgment due on the insured’s claims for water damage to a church. Unity Church of God in Christ of York v. Church Mutual Ins. Co., 2024 U.S. Dist. LEXIS 163204 (M.D. Pa. Sept. 11, 2024). … Continue reading Insured Fails to Provide Adequate Proof of Water Damage Through Roof