Jeremy Macklin | Traub Lieberman Straus & Shrewsberry Most general liability policies only provide coverage for “property damage” that occurs during the policy period. Thus, when analyzing coverage for a construction defect claim, it is important to ascertain the date on which damage occurred. Of course, the plaintiffs’ bar crafts pleadings to be purposefully vague… Continue reading Fifth Circuit Holds Insurer Owes Duty to Defend Latent Condition Claim That Caused Fire Damage to Property Years After Construction Work
Category: Construction Claims
Subcontractor Certification of Pass-Through Claim — Defective but Correctable
Eric A. Frechtel and Lee-Ann C. Brown | Buildsmart In June, the Armed Services Board of Contract Appeals (ASBCA) addressed whether it had jurisdiction where a subcontractor pass-through claim was certified under the Contract Disputes Act (CDA) by the subcontractor’s president, not the prime contractor’s representative. In its motion to dismiss, the government argued that under the… Continue reading Subcontractor Certification of Pass-Through Claim — Defective but Correctable
What You Need To Know About Construction Weather Delay Claims
Jeffrey S. Wertman | Berger Singerman Inclement weather particularly tropical storms and hurricanes can have a devastating economic impact on a construction project. There may be labor cost overruns, material cost overruns, equipment rental overruns and disruption of cash flow due to time extensions and interest payments, just to name a few. Planning for and… Continue reading What You Need To Know About Construction Weather Delay Claims
Read Before You Sign: Claim Waivers in Project Documents
William E. Underwood | ConsensusDocs Not all claim waivers are appropriately titled “Waiver of Claims.” In fact, claim waivers can be found “hiding” without any advertisement or fanfare in a number of project documents, including change orders and applications for payment. So although getting work quickly approved and paid for is important, taking time to… Continue reading Read Before You Sign: Claim Waivers in Project Documents
Certifying Claim Under Contract Disputes Act
David Adelstein | Florida Construction Legal Updates Under the Contract Disputes Act (41 USC 7101 en seq.), when a contractor submits a claim to the government in excess of $100,000, the claim MUST contain a certification of good faith, as follows: For claims of more than $100,000 made by a contractor, the contractor shall certify that– (A) the claim is… Continue reading Certifying Claim Under Contract Disputes Act