Eric Eisenberg and Robert Ferguson, Jr. | Hinckley Allen As a contractor, you are familiar with working together with subcontractors — delegating project scope as part of the overall job. However, when a subcontractor’s work is defective, who is liable for the damage? This is not an unfamiliar issue to contractors — more than likely,… Continue reading Contractors, Beware: General Liability Insurers Wrongfully Denying Claims for Damage Caused by Defective Subcontractor Work
Month: February 2024
Florida High Court Says Appraisals Can Be Compelled Before Coverage Decided
William Rabb | Insurance Journal The Florida Supreme Court has resolved a conflict between differing appeals court decisions, deciding that property insurers can be compelled to submit to the appraisal process long before causation, coverage and misrepresentation issues are settled in claims disputes. “For the reasons explained below, we approve the Second District’s decision and… Continue reading Florida High Court Says Appraisals Can Be Compelled Before Coverage Decided
AAA Issues Updates to Consumer Mass Arbitration Rules and Fee Schedule
Rodger R. Cole, Molly Melcher, Alyssa Crooke and Melissa Lawton | Fenwick & West What You Need To Know On January 15, 2024, the American Arbitration Association® (AAA) amended its Supplemental Rules on Mass Arbitrations as well as its fee schedule. The updated rules and fee schedule reflect that mass arbitrations continue to be filed… Continue reading AAA Issues Updates to Consumer Mass Arbitration Rules and Fee Schedule
Florida’s New Pre-Suit Notification Requirement: Retroactive or Prospective Application?
Holly A. Rice | Saxe Doernberger & Vita Florida’s newly formed Sixth District Court of Appeal (“Sixth DCA”) recently certified conflict with Florida’s Fourth District Court of Appeal on the issue of retroactive application of the pre-suit notice requirement contained in Florida Statute §627.70152.1 Earlier this year, the Fourth District Court of Appeal (“Fourth DCA”) held… Continue reading Florida’s New Pre-Suit Notification Requirement: Retroactive or Prospective Application?
Subcontractors’ COVID-19-Related Claims Survive Motion to Dismiss
Aron C. Beezley and Charles F. Blanchard | BuildSmart In the Armed Services Board of Contract Appeals (ASBCA) appeal of McCarthy HITT – Next NGA West JV, ASBCA No. 63571, 2023 WL 9179193 (Dec. 20, 2023), a contractor brought suit for a collection of COVID-19-related claims on behalf of three of its subcontractors. The government moved… Continue reading Subcontractors’ COVID-19-Related Claims Survive Motion to Dismiss