David Adelstein | Florida Construction Legal Updates How about some more on DELAY claims and the burden of proof substantiating delay. Delay claims can no doubt be complex – factually and legally. They warrant expert opinions further bolstered by fact witness testimony from the folks that lived the details and issues. If you need assistance with a… Continue reading ..More on Delay Claims and the Burden of Proof Substantiating Delay
Month: March 2025
Under New York Law a Recourse Provision Bars Most Claims Except for Fraud
Bill Wilson | Construction Law Zone In Iberdrola Energy Projects v. Oaktree Capital Management L.P., 231 A.D.3d 33, 216 N.Y.S.3d 124, the Appellate Division for the First Department ruled that a nonrecourse provision in a contract barred a plaintiff’s causes of action for tortious interference with contract, unjust enrichment, and statutory violations of a trade practices statute,… Continue reading Under New York Law a Recourse Provision Bars Most Claims Except for Fraud
Veolia Water Technologies, Inc. v. Antero Treatment LLC: Colorado Court of Appeals Addresses Fraud in Design-Build Contracts
David McLain | Higgins, Hopkins, McLain & Roswell The Colorado Court of Appeals recently issued a significant decision in Veolia Water Technologies, Inc. v. Antero Treatment LLC, 2024 COA 126, clarifying the scope of the economic loss rule and the role of fraudulent misrepresentation in design-build contracts. The case serves as a cautionary tale for both… Continue reading Veolia Water Technologies, Inc. v. Antero Treatment LLC: Colorado Court of Appeals Addresses Fraud in Design-Build Contracts
The Importance of Bid Protests Amid DOGE’s Reduction Efforts
Aron C. Beezley and Patrick R. Quigley | BuildSmart In light of the Department of Government Efficiency’s (DOGE) recent efforts to reduce the number of federal government contracts and purportedly streamline the procurement process, it has never been more critical for federal contractors to understand the importance of bid protests. These protests can have far-reaching… Continue reading The Importance of Bid Protests Amid DOGE’s Reduction Efforts
Emerging Issues in Construction CGL Insurance Part 1: Continuing or Progressive Loss Exclusions
Eric M. Clarkson | Saxe Doernberger & Vita The risks and losses associated with construction operations and property development push many insurance concepts to their limits. As a result, the construction industry has long been at the forefront of many complex insurance coverage issues and both drives but also depends on market standards to assess… Continue reading Emerging Issues in Construction CGL Insurance Part 1: Continuing or Progressive Loss Exclusions