John Mark Goodman | BuildSmart In basketball there is a shot clock. Once a team has the ball, it must shoot within 30 seconds. We’re obviously talking about college basketball since its March, but the NBA has a similar 24-second shot clock. Failure to shoot within the required time automatically gives the ball back to the other… Continue reading Shot Clock Violation: Judge Tosses Untimely Construction Defect Claims
Category: Construction Claims
Navigating Commercial Property And Cyber Insurance Claims
Kyle A. Smith | Ankura A Forensic Accountant’s Perspective When disaster strikes, the difference between a smooth recovery and a drawn-out claims process often comes down to how effectively an organization manages its insurance claim. By proactively addressing common issues early in the process, organizations can achieve a more efficient and predictable recovery, reduce disruption,… Continue reading Navigating Commercial Property And Cyber Insurance Claims
Why Global Claims Fail: Lessons From Construction Disputes
Ali Almarzooq | HKA It is very common for construction projects to be chaotic. Delayed instructions, constant resequencing, and limited resources create circumstances in which it becomes difficult for contractors to maintain project delivery while simultaneously preparing a comprehensive claim that fully addresses all aspects of the claim’s impacts. When delays arise, some contractors submit… Continue reading Why Global Claims Fail: Lessons From Construction Disputes
Call Me Maybe: California’s Fair Claims Settlement Practices Regulations
Garrett Murai | California Construction Law Blog It’s not uncommon in construction claims for there to be Insurance and bond issues, whether it’s tendering a claim to your insurer, or claims against a license, payment, or performance bond. Insurance Code section 790.03 sets forth sixteen (16) unfair claims settlement practices by insurers and sureties including:… Continue reading Call Me Maybe: California’s Fair Claims Settlement Practices Regulations
Florida Courts Reaffirm Damages Must Be Calculated as of Date of Breach in Construction Defect Cases
Lindsay McCormick | Marshall Dennehey It has been well-settled in Florida that the proper measure of damages for a breach of contract claim is calculated as of the date of the breach. In terms of a construction defect claim, it is the date the construction defect occurred. Yet, we routinely see plaintiffs including significant markups… Continue reading Florida Courts Reaffirm Damages Must Be Calculated as of Date of Breach in Construction Defect Cases