Amandeep Kahlon | Bradley Arant boult Cummings A delay is “concurrent” is a delay to the critical path of the project caused by multiple events not exclusively controlled by one party. If you are impacted by a delay to the critical path that was not within your control but are responsible for another overlapping delay to… Continue reading The Claim Process – Concurrent Delays: Understanding the Impact on Delay Claims
Category: Construction Claims
Does the Florida Legislature Finally Have a Fix to Construction Defect Law?
Jeffrey S. Wertman | Berger Singerman Chapter 558 of the Florida Statutes contains a pre-suit notice and opportunity-to-repair process for construction defect claims. The statute was intended to be a more efficient, alternative dispute resolution mechanism involving a property owner providing written notice of claim to the responsible contractor, subcontractor, supplier, or design professional as… Continue reading Does the Florida Legislature Finally Have a Fix to Construction Defect Law?
You Can’t Always Get What You Want – “Economic Waste” in Construction Defect Claims
Michael L. Meyer | Taft The Rolling Stones’ Mick Jagger famously sang, “You can’t always get what you want, but if you try sometime, you’ll find you get what you need.” Jagger wasn’t singing about damages in construction defect litigation. But his message rings true, especially when the cost to repair a defect is high… Continue reading You Can’t Always Get What You Want – “Economic Waste” in Construction Defect Claims
Be a Good Neighbor: Techniques to Mitigate the Risk of Claims From Adjacent Landowners
Joshua Levy, Josh Neudorfer and Madeleine Bailey | Construction Executive In May 2020, a real estate developer performing excavation work in New York was sued by a neighboring property owner for property damage. A court overturned an injunction preventing the developer from continuing excavation work after reviewing a preconstruction assessment that showed the damage to… Continue reading Be a Good Neighbor: Techniques to Mitigate the Risk of Claims From Adjacent Landowners
Be a Good Neighbor: Protect Against Claims by an Adjacent Landowner During Construction
Joshua Levy and Madeleine Bailey | Construction Executive There’s nothing like working in an office while pilings are being pounded into the ground next door, leading to crashing sounds of pile driving and the attendant afternoon headaches. Fortunately, that’s often the extent of a neighboring project’s real inconvenience. In other cases, however, construction in close… Continue reading Be a Good Neighbor: Protect Against Claims by an Adjacent Landowner During Construction