Ali Almarzooq | HKA It is very common for construction projects to be chaotic. Delayed instructions, constant resequencing, and limited resources create circumstances in which it becomes difficult for contractors to maintain project delivery while simultaneously preparing a comprehensive claim that fully addresses all aspects of the claim’s impacts. When delays arise, some contractors submit… Continue reading Why Global Claims Fail: Lessons From Construction Disputes
Category: Construction Claims
Call Me Maybe: California’s Fair Claims Settlement Practices Regulations
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
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
Claims Resolution Procedures in Construction Contracts
Joanne Clarke and Victoria Tyson | Global Arbitration Review Introduction Claims in construction projects are normal and to be expected, but the success of a project may be measured by, among other things, how claims have been administered and whether the parties have managed to avoid claims becoming disputes. Claims may arise under the contract… Continue reading Claims Resolution Procedures in Construction Contracts
Florida Construction Defect Damages: Sabga, Vuletic, and the Date of Breach
Brandon José | Lowndes Two recent Florida appellate decisions, Bandklayder Development, LLC v. Sabga, and Vuletic Group, LLC v. Malkin, have clarified and reinforced a critical principle in Florida construction law: damages for construction defect claims must be measured as of the date of breach, not the date of the expert report or the date of trial.… Continue reading Florida Construction Defect Damages: Sabga, Vuletic, and the Date of Breach