Terrence Graves | Sands Anderson General contractors and subcontractors often rely on precise contract language to guarantee payment for their work. In some cases, they may also resort to using a mechanics lien. However, a lesser-known statute in the Virginia Code, §43-11, can also be instrumental in helping ensure you are properly compensated at the… Continue reading Getting Paid as a Subcontractor is Always the Name of the Game
Category: Construction
Threat of Bad Faith Does Not Constitute a “Claim” Under Insurance Company’s Professional Liability Policy
Ezhan Hasan | Wiley Rein An Ohio federal court, applying Ohio law, has held that a letter threatening a bad faith action against an insured insurance company did not constitute a “Claim” for the purposes of the company’s errors and omissions insurance. Columbia Cas. Co. v. State Automobile Mut. Ins. Co., 2024 WL 1331984 (S.D. Ohio… Continue reading Threat of Bad Faith Does Not Constitute a “Claim” Under Insurance Company’s Professional Liability Policy
Supplemental Claims Don’t Need to Include Damage Estimates, Fed Appeals Court Says
William Rabb | Claims Journal A federal appeals court has, at least for now, put an end to lingering questions about some property insurance claims litigation: The insured does not need to submit a competing damage estimate when filing a supplemental claim if the policy does not require it. But one of the underlying cases… Continue reading Supplemental Claims Don’t Need to Include Damage Estimates, Fed Appeals Court Says
One’s Loss is Another’s “Claim”
Michael A. Amato | Saxe Doernberger & Vita While analyzing liability policies, courts grapple with a common issue: what constitutes a claim under a claims-made or claims-made-and-reported provision? When third-party claimants file suit, the analysis is often straightforward; the complaint itself is the claim. The analysis becomes murkier, however, when courts must determine whether a… Continue reading One’s Loss is Another’s “Claim”
Timing Matters for Differing Site Conditions
Stephanie Snyder-Zuasnabar | Gray Reed Many construction contracts contain some version of a “differing site conditions” clause. AIA’s A201 general conditions, as well as in the EJCDC equivalent, contains a changed site condition clause. It also appears in most state DOT specifications and federal government construction contracts. Generally, this provision provides for a change order… Continue reading Timing Matters for Differing Site Conditions