Joseph W. Gross | Wiley Rein The United States Court of Appeals for the First Circuit, applying Massachusetts law, affirmed the United States District Court for the District of Massachusetts’s holding that a university’s late-noticed claim was not covered under a claims-made-and-reported insurance policy. President & Fellows of Harvard Coll. v. Zurich Am. Ins. Co., 2023 WL 5089317 (1st… Continue reading First Circuit Confirms That Late Notice Bars Coverage Under Claims-Made-And-Reported Policy
D. Bryan Thomas, John Mark Goodman and Jennifer Ersin | BuildSmart The Eleventh Circuit Court of Appeals issued a decision last week upholding an arbitral award, despite the failure of the arbitrators to make certain pertinent disclosures. The case involves an international arbitration before the International Chamber of Commerce (ICC) stemming from the design and construction of… Continue reading Grounds for Vacating an Arbitration Award Remain Extremely Limited
James Yand | Miller Nash Important elements of a strong construction contract include implied warranties and design delegation. It is necessary to pay close attention to these concepts to protect against future disputes. When a contractor is confronted by an owner’s claims that the contractor did not adequately construct a project, a foundational defense is… Continue reading Contract Drafting 101: Implied Warranties and Design Delegation
Melissa Dewey Brumback | Construction Law in North Carolina Architects and Engineers are sometimes pleasantly surprised to find out that they, also, can terminate those crazy, hard to deal with Owners—at least, if the Owners fail to make payments as required. “It’s not you, it’s me!” (It’s you) You can also terminate for Owner delays… Continue reading Construction Termination Issues Part 5: What if You are the One that Wants to Quit?
Robert E. Shapiro | Barack Ferrazzano Kirschbaum & Nagelberg We all heard the very first day of law school exactly the same spiel, often multiple times. You remember: “We are going to teach you here to think like a lawyer.” So said some stern administrator at an initial gathering designed to map out your three-year… Continue reading What Litigators Can Teach Americans Once They (Re-)Learn It Themselves