Thomas Certo, Gary Brummer and Jacob Lokash | Ankura In the fast-paced world of construction, delays and disruptions can pose significant challenges to project success. In this Breaking Down the Walls series, Gary Brummer, a partner at Margie Strub Construction Law LLP, and Jacob Lokash, an associate at the firm, draw upon their extensive legal… Continue reading Breaking Down the Walls: A Series on Construction Delay Claims (Part 5 of 6)
Month: April 2025
Failure to Schedule Depositions Together Was Discovery Abuse
Esquire Deposition Solutions Recent amendments to the federal rules governing pretrial discovery encourage courts to be more aggressive in squelching wasteful discovery practices. Litigators should be mindful that judges are increasingly taking the rules drafters up on that invitation, sometimes denying otherwise lawful discovery that, in the judge’s view, could (and should) have been conducted… Continue reading Failure to Schedule Depositions Together Was Discovery Abuse
Replacement Cost Insurance Coverage in Turbulent Times
Charles P. Edwards | Barnes & Thornburg After the wildfires in Los Angeles, extreme weather events throughout the United States, and recently enacted tariffs, it seemed like a good time to revisit the calculation of replacement cost under policies insuring against loss or damage to property. The concept of replacement cost — sometimes referred to… Continue reading Replacement Cost Insurance Coverage in Turbulent Times
Toolbox Talk Series: Direct Versus Consequential Damages–Is There a Clear Demarcation?
Brendan J. Witry | The Dispute Resolver In Hadley v Baxendale, 9 Ex. 341 [1854], of 1L Contracts lore, the Court of Exchequer set out the dichotomy of direct damages and consequential (or indirect) damages. In the 170 years that have followed, lawyers on both sides of the Atlantic have sought to parse out what are… Continue reading Toolbox Talk Series: Direct Versus Consequential Damages–Is There a Clear Demarcation?
A Good Read on Fraud versus Contract
Christopher G. Hill | Construction Law Musings Here at Construction Law Musings, I have discussed the interwoven issues of fraud, contract, and the Virginia Consumer Protection Act (VCPA) on several occasions. In most cases, the three simply don’t mix, acting more like oil and water than parallel causes of action. There are exceptions however so these three are always worth exploring in most… Continue reading A Good Read on Fraud versus Contract