Denis Serkin and Michael S. Zicherman | Peckar & Abramson Disputes Courts and tribunals Are there any specialised tribunals that are dedicated to resolving construction disputes? With very few exceptions, in most states there are no special courts or public tribunals dedicated exclusively to the resolution of construction disputes. However, the federal government and various… Continue reading In Brief: Construction Disputes in USA
Month: August 2025
Motions to Dismiss, Limitations of Liability, and More
Christopher G. Hill | Construction Law Musings Remember BAE Sys. Ordnance Sys. V. Fluor Fed. Sols? I examined that case on two occasions previously here at Construction Law Musings. Previously the discussions were about the mix (or lack thereof) between fraud and contract and about how careful contract drafting is key. In the most recent opinion in this ongoing litigation from March… Continue reading Motions to Dismiss, Limitations of Liability, and More
Florida’s Evolving Bad-Faith Landscape: What Claims and Insurance Pros Need to Know
Brett Carey | Insurance Journal Bad faith litigation has long posed both legal and reputational risks for insurers operating in Florida. With the enactment in 2023 of House Bill 837—a sweeping tort-reform measure—there are important changes to how insurers and their claims professionals must approach liability and settlement practices. While these reforms offer clearer guidance… Continue reading Florida’s Evolving Bad-Faith Landscape: What Claims and Insurance Pros Need to Know
Colorado Court of Appeals Provides Guidance on What Arbitration-Related Orders are Appealable
Andrew Vogelgesang | Higgins, Hopkins, McLain & Roswell The Colorado Court of Appeals recently issued a decision in The Pool Company v. MW Golden Constructors and Western Surety Company, 2024 COA 116, clarifying what arbitration-related orders are appealable. Background of the Dispute This dispute arose between MW Golden Constructors (“MW Golden”) and The Pool Company (“Pool… Continue reading Colorado Court of Appeals Provides Guidance on What Arbitration-Related Orders are Appealable
Court Differentiates Faulty and Defective Workmanship from Vandalism or Malicious Mischief
Josh Tumen | Property Insurance Law Observer In Carr v. Spinnaker Insurance Company, the United States Court of Appeals for the Ninth Circuit upheld the district court’s finding that property damage resulting from objectionable and imperfect work performed by an unlicensed contractor did not constitute covered vandalism or malicious mischief under a property insurance policy. Instead,… Continue reading Court Differentiates Faulty and Defective Workmanship from Vandalism or Malicious Mischief