Shannon O’Malley | Zelle This is a regular occurrence: an insured makes a claim for damage to its property, the damage is investigated and the insurer finds no evidence that an insured peril caused damage to the property. A year or so later, the insured comes back with a public adjuster, or lawyer, or engineer… Continue reading No Restarting the Clock: Reinvestigating and Reaffirming Denial Does Not Affect a Valid Contractual Suit Limitations Period
Month: March 2026
Managing Construction Risk in the Era of the Mega-Project
Risk & Insurance From data centers to LNG plants, today’s mega construction projects require sophisticated approaches to risk mitigation and transfer that bring together underwriting expertise and claims insight from the earliest stages. The scale of construction projects across North America has reached unprecedented levels. Data centers that once felt massive at $1.5 to $2… Continue reading Managing Construction Risk in the Era of the Mega-Project
Third DCA Finds Two‑Year Delay in Reporting Property Damage Violates Prompt‑Notice Obligation
Danielle Robinson | Marshall Dennehey Security First Insurance Company v. Moreno, 51 Fla. L. Weekly D59 (January 7, 2026) This case involves a claim for property damage allegedly caused by Hurricane Irma on September 10, 2017. However, the damage was reported to the carrier more than two years later on April 22, 2020. The carrier… Continue reading Third DCA Finds Two‑Year Delay in Reporting Property Damage Violates Prompt‑Notice Obligation
Mitigation of Damages in Construction Defect Claims: Applying Florida’s Avoidable Consequences Doctrine
Caroline Claire Turtle | Wilson Elser BackgroundA roofer for a sixty-five-townhome community is notified that the homeowners association of the townhome community has filed a claim alleging construction defects and resulting property damage related to the roofer’s scope of work. In the period between completion of the roofing work and the commencement of litigation, evidence… Continue reading Mitigation of Damages in Construction Defect Claims: Applying Florida’s Avoidable Consequences Doctrine
Looking Ahead to Avoid a Setback: Lessons Learned From Fourth Circuit’s Denial of Subcontractor’s Third Attempt to Re-Litigate Adjudicated Claims
Alex Martinez | Troutman Pepper Locke Construction disputes often arise from long-running projects involving multiple participants with varying roles governed by their separate contracts. Those contracts frequently contain inconsistent dispute resolution processes — some requiring litigation, others mandating arbitration. As a result, parties must carefully consider which participants to include, what claims to assert, and… Continue reading Looking Ahead to Avoid a Setback: Lessons Learned From Fourth Circuit’s Denial of Subcontractor’s Third Attempt to Re-Litigate Adjudicated Claims