Jennifer Luther | Foley & Lardner On Monday, June 9, 2025, the Eighth Circuit Court of Appeals ruled that a Missouri real estate developer could not recover insurance proceeds for lost rental income arising out of a retaining wall failure that caused delays in the construction of an apartment building project. In BCC Partners, LLC v.… Continue reading Eighth Circuit Affirms Summary Judgment to Insurer in Dispute with Construction Project Owner Over Lost Rental Income
Month: June 2025
Louisiana Governor Vetoes Bill Limiting Bad Faith Lawsuits Against Insurers
Ezra Amacher | Claims Journal Louisiana Governor Jeff Landry vetoed a bill last week that would have limited bad faith lawsuits against insurers, a move that raised criticism from the insurance industry. SB 111, sponsored by Sen. Alan Seabaugh, R-Many, intended to bring clarity to when claimants could bring bad faith personal or bodily injury… Continue reading Louisiana Governor Vetoes Bill Limiting Bad Faith Lawsuits Against Insurers
Bridging Cultures, Avoiding Disputes: Why Construction Needs Partnering Dialogue More Than Ever
Giuseppe De Palo | JAMS Not long ago, I spoke with a general contractor on a multinational infrastructure project. “We had five nationalities on-site,” he said, “and six different ways of interpreting the same deadline.” He wasn’t exaggerating. In today’s global construction environment, this kind of cultural misalignment is not just common; it’s practically guaranteed.… Continue reading Bridging Cultures, Avoiding Disputes: Why Construction Needs Partnering Dialogue More Than Ever
Limitations of Liability in Construction Contracts: Ironclad Protection or Legal Illusion?
Bart Reed | Stoel Rives Limitation of liability (LOL) clauses are a standard fixture in contracts involving architects, engineers, and other design professionals—particularly because these parties often have limited assets and depend on such provisions to manage risk. However, Washington legal authority suggests these clauses may not offer the ironclad protection many expect. While LOL… Continue reading Limitations of Liability in Construction Contracts: Ironclad Protection or Legal Illusion?
If It’s Not In The Contract, Don’t Count On Consequential Damages
Jose A. Aquino | Duane Morris A recent decision by the New York State Supreme Court, Appellate Division, Fourth Department, in James Vermillion v. The Roofing Guys, Inc., sheds light on the limitations of consequential damages in breach of contract cases. The ruling reinforces the principle that damages are only recoverable if they were reasonably contemplated… Continue reading If It’s Not In The Contract, Don’t Count On Consequential Damages