Brian R. Gaudet and Courtney M. Lynch | Kilpatrick Townsend & Stockton Kilpatrick’s Brian Gaudet and Courtney Lynch, both Board Certified Construction Lawyers (TBLS) from our Houston office recently presented to the Association of Corporate Counsel, Houston Chapter. Brian and Courtney discussed the practical and ethical issues that arise when dealing with claims and addressed common issues that… Continue reading 8 Key Takeaways | Ethics in Construction Contract Negotiations and Claims
Managing Construction Disputes and Contracts in the Aftermath of Severe Weather
Peter Crofton, Samuel Richards and Gregory Smith | Smith Grambrell Russell As Hurricane Helene makes landfall in the Southeastern United States, contractors will be halting work on projects throughout the region while awaiting the passage of the severe weather event. When the rain and wind subside, disputes may arise on construction projects due to the… Continue reading Managing Construction Disputes and Contracts in the Aftermath of Severe Weather
U.S. Supreme Court Provides Guidance on Litigation Over Arbitration Clauses
Michael Vincent and Steven Lindemann | Stinson Arbitration agreements are intended to preclude litigating disputes in court, but the U.S. Supreme Court has clarified in two recent decisions — Coinbase Inc. v. Suski and Smith v. Spizzirri — that in certain circumstances, even the undisputed existence of an arbitration agreement does not compel dismissal of a lawsuit. In one… Continue reading U.S. Supreme Court Provides Guidance on Litigation Over Arbitration Clauses
Homeowner Survives Motion to Dismiss Depreciation Claims
Tred R. Eyerly | Insurance Law Hawaii The insurer’s motion to dismiss claims for improper claims handling when considering implementation of depreciation was denied. Morrison v. Indian Harbor Ins. Co, et al., 2024 U.S. Dist. LEXIS 115664 (S. D. W. Va. July 1, 2024). Plaintiff’s home suffered flood damage. The house was… Continue reading Homeowner Survives Motion to Dismiss Depreciation Claims
Challenging a Termination for Default
David Adelstein | Florida Construction Legal Updates No contractor wants to be terminated for default. It is the harshest contractual recourse. It is a recourse that has implications, particularly in the public sector. However, a party needs to be in a position to support the basis of the termination for default, and the terminated party, in… Continue reading Challenging a Termination for Default