Stephen M. Proctor | Masuda Funai Eifert & Mitchell Ltd. | July 11, 2016 A common scenario involves two parties involved in intense and prolonged negotiations that one party feels resulted in an enforceable contract, but the other party does not. One of the most notorious examples of this scenario was the acquisition of Getty… Continue reading Despite (or Because of) Extensive Negotiations, No Contract and No Promissory Estoppel
Tag: Breach of Contract
You Have to Give the Carrier an Opportunity to do the Right (or Wrong) Thing
Patrick McGinnis | Property Insurance Coverage Law Blog | April 12, 2016 Lawyers practicing in Texas know that the Texas Insurance Code and the DTPA statute have notice provisions, which require the policyholder to provide a sixty-day written notice to the carrier setting out the complaint and the amount of damages. I have previously blogged on these… Continue reading You Have to Give the Carrier an Opportunity to do the Right (or Wrong) Thing
Court Reaffirms Damages Analysis in Construction Defect Cases
Thomas P. Wert | Roetzel & Andress | February 22, 2016 On February 5, 2015, the Court of Appeals, Second District, reaffirmed the means by which courts determine damages for construction defect claims. Gray v. Mark Hall Homes, Inc., 2016 WL 459436 (Fla. 2nd DCA Feb. 5, 2015). In 2005, Angela Gray contracted with Mark Hall… Continue reading Court Reaffirms Damages Analysis in Construction Defect Cases
MA Appeals Court Ruling: Contractor Justified not Paying Subcontractor that Refused to Perform Work
Murtha Cullina LLP | October 22, 2015 Summary The general contractor on a public demolition project paid nothing to a subcontractor that had performed the majority of its work but refused to perform work that it claimed was outside of its scope of work. The subcontractor sued the general contractor and after cross-motions for summary… Continue reading MA Appeals Court Ruling: Contractor Justified not Paying Subcontractor that Refused to Perform Work
Litigation does not End the Continuing Duty of Good Faith
Brandee B. Bower | Property Insurance Coverage Law Blog | June 10, 2015 In a recent case in Tennessee, homeowners suffered a fire loss and filed a claim with their insurance company, Anpac.1 The insurance company investigated the loss and found that the homeowners intentionally set the fire and denied coverage. It then filed a declaratory judgment… Continue reading Litigation does not End the Continuing Duty of Good Faith