Mediating Construction Claims in Real-Time

Eric Brodfuehrer | Ankura Why Owners and Contractors Should Consider a “Third-Party Neutral” To Resolve Disputes Prior to the Completion of a Project A Third-Party Neutral During Construction Primer What Is a Third Party Neutral? A Third-Party Neutral, or Project Neutral, is typically understood to be a mediator or arbitrator in legal proceedings tasked with… Continue reading Mediating Construction Claims in Real-Time

Colorado Legislature Considers Pair of Bills Which May Impact Colorado Construction Defect Claims – What Homebuilders Need to Know

Blake Jackson and Amanda McKinlay | Snell & Wilmer The Colorado General Assembly is considering a pair of bills which would modify the liability and exposure of homebuilders in Colorado. HB24-1230: Protections for Real Property Owners, introduced in the House of Representatives, aims to further protect homeowners by expanding the statute of repose under which a… Continue reading Colorado Legislature Considers Pair of Bills Which May Impact Colorado Construction Defect Claims – What Homebuilders Need to Know

Contractors May Be Able to Appeal Despite Government’s Delay in Issuing Its Final Decision

Alexander Gorelik and Barbara A. Duncombe | Taft Stettinius & Hollister A recent opinion from the Armed Services Board of Contract Appeals (ASBCA) suggests that contractors may be able to appeal before receipt of a contracting officer’s final decision (COFD) when the government seeks to delay issuing a decision. On April 3, 2024, the ASBCA addressed the… Continue reading Contractors May Be Able to Appeal Despite Government’s Delay in Issuing Its Final Decision

No Duty to Defend Construction Defect Claims under Kentucky Law

Tred R. Eyerly | Insurance Law Hawaii     The federal district court determined that the insurer was not obligated to defend construction defect claims under Kentucky law. Westfield Ins. Co. v. Kentuckiana Commercial Concrete, LLC, 2023 U.S. Dist. LEXIS 222674 (W.D. Ky. Dec. 14, 2023).      HRB, the owner of an apartment complex, filed… Continue reading No Duty to Defend Construction Defect Claims under Kentucky Law

Renovations And Reckonings: Navigating Unjust Enrichment In Property Disputes

Michael O’Donnell, Kevin Hakansson, Thomas J. Persico and Kori Pruett | Riker Danzig Introduction In February 2024, the New Jersey Appellate Division affirmed a trial court’s decision on a motion to dismiss rejecting a property owner’s unjust enrichment claims. The claims related to costly improvements made while the trial court’s order vacating final judgment in… Continue reading Renovations And Reckonings: Navigating Unjust Enrichment In Property Disputes

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