Fred Hedberg and William Stoll | Construction Law Zone After several decades, Governor Ned Lamont signed a bill into law, effective July 1, 2023, An Act Concerning Liability for False and Fraudulent Claims, Public Act No. 23-129, eliminating language that previously limited enforcement of Connecticut’s False Claims Act to claims relating to a state-administered health or… Continue reading Connecticut’s New False Claims Act Increases Risk to Public Construction Participants
Category: Insurance Claims
Breach vs. Default — What’s the difference?
John Mark Goodman | BuildSmart The words breach and default are often used interchangeably to indicate that somebody hasn’t done what they were legally required to do. According to Black’s Law Dictionary, the words do appear somewhat interchangeable. Black’s defines breach as “a violation or infraction of a law, obligation, or agreement, especially of an official duty or a legal obligation.” … Continue reading Breach vs. Default — What’s the difference?
“The Lines Are Not Blurred”: Attorney Claim Handlers Are Not Protected by Attorney-Client Privilege
Michael S. Levine and Torrye Zullo | Hunton Insurance Recovery Blog A Michigan federal court in Wolverine World Wide Inc. v. The American Insurance Co. et al., No. 1:19-cv-00010 (W.D. Mich.), recently confirmed what should go without saying – a claim handler is a claim handler, even if they may also be a lawyer. Recognizing that… Continue reading “The Lines Are Not Blurred”: Attorney Claim Handlers Are Not Protected by Attorney-Client Privilege
Recovering Lost Profits in Construction Claims: What Should Project Owners Do?
Blake Robinson | Davis Wright Tremaine One common consequence when a construction goes sideways, whether because the project is delayed or defects arise, is that the owner suffers lost revenue. For example, an apartment complex owner loses out on three months of rent when a project is completed three months after the substantial completion date… Continue reading Recovering Lost Profits in Construction Claims: What Should Project Owners Do?
Res Judicata not Apply to Bar Overlapping Damages in Separate Suits Against Contractor and Subcontractor
David Adelstein | Florida Construction Legal Updates Can the doctrine of res judicata bar an owner’s claim against the general contractor after the owner also sued and obtained a satisfied judgment against the subcontractor when there are identical, overlapping damages pursued in separate lawsuits. A recent case says, not really. In Pickell v. Lennar Homes, LLC, 48 Fla.L.Weekly D2037a… Continue reading Res Judicata not Apply to Bar Overlapping Damages in Separate Suits Against Contractor and Subcontractor