Amy Elizabeth Garber | Buildsmart Given the uncertainty that COVID-19 has brought to federal projects, it is imperative now more than ever that contractors preserve rights to potential claims at all turns. Fortunately, with careful reading and documentation, contractors can satisfy the government’s desire for releases while preserving their claims. A recent Armed Services Board… Continue reading STOP in the Name of Releases, Before They Break Your Claims
Tag: Property Insurance Claims
Walking the Tightrope: Liquidation Agreement “Traps for the Unwary”
Amy Elizabeth Garber and Robert J. Symon | Buildsmart When crafting a liquidation or “pass-through” agreement for a subcontractor claim against the government, the key provision from the prime contractor’s perspective is a release from any liability for the subcontractor’s claim with the exception of amounts recovered from the government related to that claim. If the… Continue reading Walking the Tightrope: Liquidation Agreement “Traps for the Unwary”
Can A Construction Contractor Email Notice of a Claim? Maybe!
Matthew DeVries | Best Practices Construction Law | November 18, 2019 A few years ago, I did a post on whether a digital signature in a construction contract was valid. Given the regularity by which parties now communicate by email, it is certainly a subject worth revisiting. In United States ex rel. Cummins-Wagner Co., Inc. v. Fidelity… Continue reading Can A Construction Contractor Email Notice of a Claim? Maybe!
Does the Implied Covenant of Good Faith and Fair Dealing Impose a Broad Duty on Insurers to Act “Reasonably” or “Properly” in Handling Claims?
Christina Phillips | Property Insurance Coverage Law Blog | October 30, 2019 The United States District Court for the District of Minnesota in Selective Insurance Company of South Carolina v. Sela,1 recently addressed whether the implied covenant of good faith includes a broader obligation to act “reasonably” and “properly” in making a decision about whether to pay… Continue reading Does the Implied Covenant of Good Faith and Fair Dealing Impose a Broad Duty on Insurers to Act “Reasonably” or “Properly” in Handling Claims?
Now That Insurers Can’t Legally Enforce Their $5,000 Wildfire Smoke Damage Caps, What Have They Done To Make Up For Their Unanticipated Losses?
Daniel Verhoff | Property Insurance Coverage Law Blog | September 12, 2019 Many insurance companies thought they would have to pay no more than $5,000 for each California wildfire claim but are ending up paying hundreds of thousands if not millions. These companies sought to reduce their exposure to wildfire losses by capping their liability for wildfire… Continue reading Now That Insurers Can’t Legally Enforce Their $5,000 Wildfire Smoke Damage Caps, What Have They Done To Make Up For Their Unanticipated Losses?