Garrett Murai | California Construction Law Blog It’s not uncommon in construction claims for there to be Insurance and bond issues, whether it’s tendering a claim to your insurer, or claims against a license, payment, or performance bond. Insurance Code section 790.03 sets forth sixteen (16) unfair claims settlement practices by insurers and sureties including:… Continue reading Call Me Maybe: California’s Fair Claims Settlement Practices Regulations
Month: October 2025
At a Glance: Construction Contracts in USA (Louisiana)
Luke LaRocca, Benjamin R. Grau, H. Bruce Shreves, Douglass F. Wynne and Denise C. Puente | Simon Peragine Smith & Redfearn Contracts Construction contracts What standard contract forms are used for construction and design? Must the language of the contract be the local language? Are there restrictions on choice of law and the venue for… Continue reading At a Glance: Construction Contracts in USA (Louisiana)
Florida Courts Reaffirm Damages Must Be Calculated as of Date of Breach in Construction Defect Cases
Lindsay McCormick | Marshall Dennehey It has been well-settled in Florida that the proper measure of damages for a breach of contract claim is calculated as of the date of the breach. In terms of a construction defect claim, it is the date the construction defect occurred. Yet, we routinely see plaintiffs including significant markups… Continue reading Florida Courts Reaffirm Damages Must Be Calculated as of Date of Breach in Construction Defect Cases
When Logic Doesn’t Matter: Why ‘Irrational’ Isn’t a Ground to Overturn an Arbitration Award in Tennessee
Matthew DeVries | Best Practice Construction Law Arbitration has long been viewed as a faster, more efficient alternative to litigation. But anyone involved in construction disputes today knows that is not always the case. The process can be just as costly, sometimes taking as long as a court case. Yet one thing remains consistent, and… Continue reading When Logic Doesn’t Matter: Why ‘Irrational’ Isn’t a Ground to Overturn an Arbitration Award in Tennessee
Seventh Circuit Confirms that Appraisers May Determine Cause of Loss in Addition to Amount of Loss
Tred R. Eyerly | Insurance Law Hawaii The Seventh Circuit affirmed the district court’s ruling that the appraisers appointed under the policy provisions to establish the amount of loss could also find the cause of the loss. Mesco Manufacturing, LLC v. Motorists Mut. Ins. Co., 2025 U.S. App. LEXIS 18598 (7th Cir. July 25,… Continue reading Seventh Circuit Confirms that Appraisers May Determine Cause of Loss in Addition to Amount of Loss