Andrew T. Marshall | Butler Weihmuller Katz Craig | October 31, 2018 Transfer of risk and liability are common occurrences in the field of construction. National builders often employ a single licensed general contractor to oversee the totality of its construction projects throughout the state of Florida. While this use of a “qualifier” technically complies… Continue reading Timing is Everything: Defending Subcontractors Against Breach of Construction Contract Claims
Tag: Breach of Contract
General Contractor’s Unjustified Threats to Assess Delay Damages Against Subcontractor are a Material Breach of Contract
Luke Nicholas Eaton | Pepper Hamilton LLP | October 11, 2018 Randy Kinder Excavating, Inc. v. JA Manning Constr. Co. 2018 U.S. App. LEXIS 21878 (8th Cir. Aug. 7, 2018) This dispute arose from a contract to build a pumping station in Arkansas (the “Project”). In June of 2010, the U.S. Army Corps of Engineers… Continue reading General Contractor’s Unjustified Threats to Assess Delay Damages Against Subcontractor are a Material Breach of Contract
Is Recovery for Breach of an Insurance Policy Limited to Only Damages That Would Have Been Covered by the Policy?
Tamara Chen-See | Property Insurance Coverage Law Blog | September 1, 2018 In Florida, the short answer is “no.” Here, as in most states, traditional rules governing breach of contract apply to insurance policies, and in a proper case consequential damages may be awarded.1 Defense lawyers in first party insurance cases always dispute this argument. The… Continue reading Is Recovery for Breach of an Insurance Policy Limited to Only Damages That Would Have Been Covered by the Policy?
Colorado Court Holds No Coverage for Breach of Contract Claim
Insurance Law Blog | February 21, 2018 In its recent decision in Ctr. For Excellence in Higher Ed., Inc. v. Travelers Prop. Cas. Co. of Am., 2018 U.S. Dist. LEXIS 25424 (D. Col. Feb. 16, 2018), the United States District Court for the District of Colorado had occasion to consider whether a breach of contract claim… Continue reading Colorado Court Holds No Coverage for Breach of Contract Claim
Tennessee Federal District Court Holds That Contractor May Pursue Both Breach of Contract Action in Federal Court and Lien Enforcement Action In State Court – Abstention Not Required
Jane Fox Lehman | Pepper Hamilton LLP | August 4, 2016 Summit Contracting Grp., Inc. v. Ashland Heights, LP, 2016 U.S. Dist. LEXIS 60662 (M.D. Tenn. May 6, 2016) Ashland Heights, LP (“Owner”) contracted with Summit Contracting Group, Inc. (“Contractor”) to construct an assisted living facility in Tennessee. After completing the project, Contractor alleged that… Continue reading Tennessee Federal District Court Holds That Contractor May Pursue Both Breach of Contract Action in Federal Court and Lien Enforcement Action In State Court – Abstention Not Required