Jose A. Aquino | Duane Morris On June 5, 2025, the Appellate Division, First Department of the New York Supreme Court issued an opinion in Gamma USA, Inc. v. Pavarini McGovern, LLC, addressing the enforceability of a no-damages-for-delay clause in a construction contract between the subcontractor and contractor. The subcontractor had brought breach of contract claims… Continue reading Appellate Court Reaffirms Limits On Delay Damages In Construction Contracts
Finding an Expert Witness: Best Practices for Finding Credible Experts
Kim Beane | Womble Bond Dickinson In court, cases often come down to the “battle of the experts” and the credibility and character of experts can make or break a case. When you need an expert witness for your case, where do you turn? Whether you need an oncologist, a mechanical engineer, a statistician, or… Continue reading Finding an Expert Witness: Best Practices for Finding Credible Experts
GAO Issues a New Bid Protest Pleading Standard
Patrick R. Quigley and Aron C. Beezley | BuildSmart In a recent decision, the Government Accountability Office (GAO) clarified its minimum pleading standard for bid protests. The decision was a bit unusual because, unlike the courts, the GAO rarely uses published decisions to address procedural issues. Nevertheless, the pleading standard described in the decision, which was… Continue reading GAO Issues a New Bid Protest Pleading Standard
Insurer’s Attempt to Challenge Appraisal Award Rejected
Tred R. Eyerly | Insurance Law Hawaii The insurer’s challenge to an appraisal award was rejected by the federal district court. Bogaerts v. State Farm Fire and Cas. Co., 2025 U.S. Dist. LEXIS 102170 (E.D. Mich. May 29, 2025). The plaintiffs’ home was destroyed by fire. State Farm was notified of the… Continue reading Insurer’s Attempt to Challenge Appraisal Award Rejected
Imagining Coverage Litigation In The Age Of Artificial Intelligence
Daniel E. Tranen | Wilson Elser My dear Miss Glory, the Robots are not people. Mechanically they are more perfect than we are; they have an enormously developed intelligence, but they have no soul.1 This quote was used at the outset of Bunce v. Visual Tech. Innovations, Inc.2– a recent case involving a lawyer who used… Continue reading Imagining Coverage Litigation In The Age Of Artificial Intelligence