Amandeep Kahlon and Alex Purvis | Build Smart On May 14, 2020, in James G. Davis Constr. Corp. v. FTJ, Inc., the Virginia Supreme Court upheld a judgment on an unjust enrichment claim in favor of FTJ, a drywall supplier on a condominium project, against Davis, the general contractor. Notably, FTJ did not have a purchase… Continue reading An Insurer’s Duty to Defend does not Extend to a Construction Claim that Falls Clearly Within a Policy Exclusion
Month: May 2020
Virtual Arbitrations/Trials — Should You Use An Expanded Witness Oath?
John E. Bulman and R. Thomas Dunn | Solid Foundation: A Construction Law Blog For arbitrations and trials that are pending and/or are scheduled for the near term, the judges/arbitrators/counsel/parties are now confronting the decision on whether to proceed forward with conducting the proceedings remotely. If they decide to proceed forward, there will naturally be… Continue reading Virtual Arbitrations/Trials — Should You Use An Expanded Witness Oath?
First Circuit: No Coverage, No Duty to Investigate Alleged Loss Prior to Policy Period
Eric B. Hermanson and Austin D. Moody | White & Williams On April 1, 2020, the First Circuit, applying Massachusetts law, issued a potentially useful decision addressing the Montrose “known loss” language in ISO Form CGL policies. In Clarendon National Insurance Company v. Philadelphia Indemnity Insurance Company,[1] the court applied this language to allow denial of defense for claims… Continue reading First Circuit: No Coverage, No Duty to Investigate Alleged Loss Prior to Policy Period
Facts Required to Plead a Bad Faith Cause of Action
Barry Zalma | Zalma on Insurance Generalities and Charges are not Sufficient to Maintain a Bad Faith Suit Some plaintiffs suing insurance companies use a “standard” bad faith set of allegations charging breach of the tort of bad faith without stating any facts specific to the case brought against the insurer. They do so because… Continue reading Facts Required to Plead a Bad Faith Cause of Action
Maybe Relief for Public Contractors Should Come from Thoughtful Legislation
Lexie R. Pereira | The Dispute Resolver With loss, comes suffering; and, when it comes to the coronavirus, loss exists in many forms. Attorneys across the country – particularly those representing contractors on public projects – are asking themselves, generally, “how can my client suffer less?” Or, more pointedly, “is there an argument to support… Continue reading Maybe Relief for Public Contractors Should Come from Thoughtful Legislation